Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category October Through November Fishery for 2022, 64720-64722 [2022-23300]
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64720
Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Rules and Regulations
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
1. The authority citation for part 17
continues to read as follows:
■
■
Common name
*
*
2. Amend § 17.11, in paragraph (h), by
adding an entry for ‘‘Penguin, emperor’’
to the List of Endangered and
Scientific name
*
*
Penguin, emperor ............
*
Special rules—birds.
lotter on DSK11XQN23PROD with RULES1
*
*
*
*
(g)–(l) [Reserved]
(m) Emperor penguin (Aptenodytes
forsteri).
(1) Prohibitions. The following
prohibitions that apply to endangered
wildlife also apply to the emperor
penguin. Except as provided under
paragraph (m)(2) of this section and
§§ 17.4 and 17.5, it is unlawful for any
person subject to the jurisdiction of the
United States to commit, to attempt to
commit, to solicit another to commit, or
cause to be committed, any of the
following acts in regard to this species:
(i) Import or export, as set forth at
§ 17.21(b) for endangered wildlife.
(ii) Take, as set forth at § 17.21(c)(1)
for endangered wildlife.
(iii) Possession and other acts with
unlawfully taken specimens, as set forth
at § 17.21(d)(1) for endangered wildlife.
(iv) Interstate or foreign commerce in
the course of commercial activity, as set
forth at § 17.21(e) for endangered
wildlife.
(v) Sale or offer for sale in foreign
commerce, as set forth at § 17.21(f) for
endangered wildlife.
(vi) Sale or offer for sale in interstate
commerce, as set forth at § 17.21(f) for
endangered wildlife.
(2) Exceptions from prohibitions. In
regard to the emperor penguin, you
may:
(i) Sell, offer for sale, deliver, receive,
carry, transport, or ship in interstate
commerce live emperor penguins from
one public institution to another public
institution. For the purposes of this
paragraph, ‘‘public institution’’ means a
museum, zoological park, and scientific
16:06 Oct 25, 2022
*
Wherever found ..............
*
*
Jkt 259001
Status
*
BIRDS
*
*
Aptenodytes forsteri .......
3. Amend § 17.41 by adding reserved
paragraphs (g) through (l) and adding
paragraph (m) to read as follows:
VerDate Sep<11>2014
Where listed
*
■
§ 17.41
Threatened Wildlife in alphabetical
order under Birds to read as follows:
*
T
[FR Doc. 2022–23164 Filed 10–25–22; 8:45 am]
BILLING CODE 4333–15–P
Sfmt 4700
*
*
*
*
*
*
87 FR [Insert Federal Register page where the
document begins], October 26, 2022; 50 CFR
17.41(m).4d
*
Madonna Baucum,
Chief, Policy and Regulations Branch, U.S.
Fish and Wildlife Service.
Fmt 4700
*
*
(h) * * *
*
*
Frm 00032
*
Listing citations and applicable rules
or educational institution that meets the
definition of ‘‘public’’ at 50 CFR 10.12.
(ii) Take emperor penguins within
Antarctica as authorized under
implementing regulations for the
Antarctic Conservation Act of 1978 (16
U.S.C. 2401 et seq.), either in
accordance with the provisions set forth
at 45 CFR 670.5 or 670.9, or as
authorized by a permit under 45 CFR
part 670.
(iii) Import emperor penguins into the
United States from Antarctica or export
emperor penguins from the United
States to Antarctica as authorized under
implementing regulations for the
Antarctic Conservation Act of 1978 (16
U.S.C. 2401 et seq.), either in
accordance with the provisions set forth
at 45 CFR 670.9, or as authorized by a
permit under 45 CFR part 670.
(iv) Conduct activities as authorized
by a permit under § 17.32.
(v) Take, as set forth at § 17.21(c)(2)
through (4) for endangered wildlife.
(vi) Possess and engage in other acts
with unlawfully taken wildlife, as set
forth at § 17.21(d)(2) for endangered
wildlife.
(vii) Conduct activities as authorized
by a captive-bred wildlife registration
under § 17.21(g) for endangered
wildlife.
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§ 17.11 Endangered and threatened
wildlife.
*
*
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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.
SUMMARY:
E:\FR\FM\26OCR1.SGM
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Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Rules and Regulations
Effective 11:30 p.m., local time,
October 24, 2022, through November 30,
2022.
FOR FURTHER INFORMATION CONTACT: Ann
Williamson, ann.williamson@noaa.gov,
301–427–8583, Larry Redd, Jr.,
larry.redd@noaa.gov, 301–427–8503, or
Nicholas Velseboer, nicholas.velseboer@
noaa.gov, 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 § 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 (§ 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).
lotter on DSK11XQN23PROD with RULES1
DATES:
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
VerDate Sep<11>2014
16:06 Oct 25, 2022
Jkt 259001
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
§ 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 § 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
§ 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
§ 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-catchand-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
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
64721
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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64722
Federal Register / Vol. 87, No. 206 / Wednesday, October 26, 2022 / Rules and Regulations
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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
metric tons (mt) for the remainder of
2022. This action is required by the
herring regulations when, based on data
through October 1, NMFS determines
that the New Brunswick weir fishery
landed less than 3,012 mt of herring.
This notification informs the public of
these catch limit changes.
DATES: Effective October 21, 2022,
through December 31, 2022.
FOR FURTHER INFORMATION CONTACT:
Carrie Nordeen, Fishery Policy Analyst,
(978) 281–99272; or Carrie.Nordeen@
noaa.gov.
NMFS
published final 2022 specifications for
the Atlantic Herring Fishery
Management Plan on January 7, 2022
(87 FR 887), establishing the 2022
annual catch limit (ACL) and area subACLs. Table 1 shows the current herring
specifications for 2022 and the
specifications as revised by this action
for the remainder of the calendar year.
The NMFS Regional Administrator
tracks herring landings in the New
Brunswick weir fishery each year. The
regulations at 50 CFR 648.201(h) require
that if the New Brunswick weir fishery
landings through October 1 are
determined to be less than 3,012 mt,
then NMFS subtracts 1,000 mt from the
management uncertainty buffer and
reallocates that amount to the ACL and
SUPPLEMENTARY INFORMATION:
50 CFR Part 648
[Docket No. 210325–0071; RTID 0648–
XC475]
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Adjustment to the 2022 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
NMFS increases the 2022
Atlantic herring annual catch limit and
Area 1A sub-annual catch limit by 1,000
SUMMARY:
Area 1A sub-ACL. When such a
determination is made, NMFS is
required to notify the New England
Fishery Management Council and
publish the ACL and Area 1A sub-ACL
adjustment in the Federal Register.
Information from Canada’s
Department of Fisheries and Oceans
indicates that the New Brunswick weir
fishery landed 1,385 mt of herring
through October 1, 2022. Therefore, the
Regional Administrator determined that,
effective October 21, 2022, 1,000 mt will
be reallocated from the management
uncertainty buffer to the Area 1A subACL and the ACL. This 1,000 mt
reallocation increases the Area 1A subACL from 1,075 mt to 2,075 mt and the
ACL from 3,813 mt to 4,813 mt for the
remainder of 2022.
Additionally, NMFS will use the
adjusted allocations when we project
whether catch from Area 1A will reach
92 percent of the Area 1A sub-ACL, or
whether overall herring catch will reach
95 percent of the ACL. When Area 1A
catch is projected to reach 92 percent of
the Area 1A sub-ACL, catch from this
area is reduced to 2,000 lb (907 kilogram
(kg)) per trip, per calendar day. When
overall catch is projected to reach 95
percent of the ACL, then catch in or
from all herring management areas is
limited to 2,000 lb (907 kilogram (kg))
per trip, per calendar day.
TABLE 1—ATLANTIC HERRING SPECIFICATIONS FOR 2022
Current specifications
(mt)
Overfishing Limit ................................................
Acceptable Biological Catch ..............................
Management Uncertainty ...................................
Optimum Yield/ACL ...........................................
Domestic Annual Harvest ..................................
Border Transfer ..................................................
Domestic Annual Processing .............................
U.S. At-Sea Processing .....................................
Area 1A Sub-ACL ..............................................
Area 1B Sub-ACL ..............................................
Area 2 Sub-ACL .................................................
Area 3 Sub-ACL .................................................
Fixed Gear Set-Aside ........................................
Research Set-Aside (RSA)* ...............................
Adjusted specifications
(mt)
26,292 ..............................................................
8,767 ................................................................
4,669 ................................................................
3,813 ................................................................
3,813 ................................................................
0 .......................................................................
3,813 ................................................................
0 .......................................................................
1,075 ................................................................
0 .......................................................................
1,300 ................................................................
1,824 ................................................................
30 .....................................................................
0 percent of each sub-ACL ..............................
26,292.
8,767.
3,669.
4,813.
4,813.
0.
4,813.
0.
2,075.
0.
1,300.
1,824.
30.
0 percent of each sub-ACL.
lotter on DSK11XQN23PROD with RULES1
* Because RSA participants are not pursuing RSA in 2022, we did not deduct it from the sub-ACLs. RSA will be revisited for 2023–2025
specifications.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
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.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
VerDate Sep<11>2014
16:06 Oct 25, 2022
Jkt 259001
comment on this inseason adjustment
because it would be unnecessary and
contrary to the public interest. This
action allocates a portion of the
management uncertainty buffer to the
ACL and Area 1A sub-ACL for the
remainder of the calendar year pursuant
to a previously published regulation
that provides no discretionary decisionmaking. This reallocation process was
the subject of prior notice and comment
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
rulemaking. The adjustment is routine
and formulaic, required by regulation,
and is expected by industry. The
potential to reallocate the management
uncertainty buffer was also outlined in
the 2021–2023 herring specifications
that were published April 1, 2021 (86
FR 17081), which were developed
through public notice and comment.
Further, this reallocation provides
additional economic opportunity for the
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
[[Page 64722]]
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
