Federal Register - March 4, 2021
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Fuente: Federal Register
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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations remainder of the fishing year, until the opening of the subsequent quota period or until such date as specified.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 635
Docket No. 180117042888402; RTID
0648XA819
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS closes the southern area Angling category fishery for large medium and giant trophy i.e., measuring 73 inches 185 cm curved fork length or greater Atlantic bluefin tuna BFT. This action is being taken to prevent further overharvest of the Angling category southern area trophy BFT subquota.
DATES: Effective 11:30 p.m., local time, March 1, 2021, through December 31, 2021.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, sarah.mclaughlin@
noaa.gov, 9782819260, Nicholas Velseboer, nicholas.velseboer@
noaa.gov, 9786752168, or Larry Redd, Jr., larry.redd@noaa.gov, 3014278503.
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 the harvest of BFT by persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S.
BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas ICCAT
among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan 2006
Consolidated HMS FMP 71 FR 58058, October 2, 2006 and amendments, and in accordance with implementing regulations.
Under 635.28a1, NMFS files a closure notice 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 and after the effective date and time of a closure notice for that category, for the
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Angling Category Large Medium and Giant Southern Trophy Fishery Closure The 2021 BFT fishing year, which is managed on a calendar-year basis and subject to an annual calendar-year quota, began January 1, 2021. The Angling category season opened January 1, 2021, and continues through December 31, 2021. The currently codified Angling category quota is 232.4
metric tons mt, of which 5.3 mt is allocated for the harvest of large medium and giant trophy BFT by vessels fishing under the Angling category quota, with 1.8 mt allocated for each of the following areas: North of 3918 N lat. off Great Egg Inlet, NJ;
south of 3918 N lat. and outside the Gulf of Mexico the southern area;
and in the Gulf of Mexico. Trophy BFT
measure 73 inches 185 cm curved fork length or greater.
Based on reported landings from the NMFS Automated Catch Reporting System and the North Carolina Tagging Program, NMFS has determined that the codified Angling category southern area trophy BFT subquota of 1.8 mt has been reached and exceeded and that a closure of the southern area trophy BFT fishery is warranted. Therefore, retaining, possessing, or landing large medium or giant BFT south of 3918 N lat. and outside the Gulf of Mexico by persons aboard vessels permitted in the HMS
Angling category and the HMS Charter/
Headboat category when fishing recreationally must cease at 11:30 p.m.
local time on March 1, 2021. This closure will remain effective through December 31, 2021. This action is intended to prevent further overharvest of the Angling category southern area trophy BFT subquota, and is taken consistent with the regulations at 635.28a1.
If needed, subsequent Angling category adjustments will be published in the Federal Register. Information regarding the Angling category fishery for Atlantic tunas, including daily retention limits for BFT measuring 27
inches 68.5 cm to less than 73 inches 185 cm and any further Angling category adjustments, is available at hmspermits.noaa.gov or by calling 978
2819260. HMS Angling and HMS
Charter/Headboat category permit holders may catch and release or tag and release BFT of all sizes, subject to the requirements of the catch-andrelease and tag-and-release programs at 635.26. Anglers are also reminded that all BFT that are released must be
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handled in a manner that will maximize survival, and without removing the fish from the water, consistent with requirements at 635.21a1. 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/.
HMS Charter/Headboat and Angling category vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landings or end of each trip, by accessing hmspermits.noaa.gov, using the HMS Catch Reporting app, or calling 888 8728862 Monday through Friday from 8 a.m. until 4:30 p.m..
Classification NMFS issues this action pursuant to section 305d of the Magnuson-Stevens Act. This action is consistent with regulations at 50 CFR part 635, which were issued pursuant to section 304c of the Magnuson-Stevens Act and the Atlantic Tunas Convention Act, 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 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. The closure of the southern area Angling category trophy fishery is necessary to prevent any further overharvest of the southern area trophy fishery subquota. NMFS
provides notification of closures by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the Atlantic Tunas Information Line and on hmspermits.noaa.gov.
These fisheries are currently underway and delaying this action would be contrary to the public interest as it could result in excessive trophy BFT landings that may result in future potential quota reductions for the Angling category, depending on the magnitude of a potential Angling category overharvest. NMFS must close the southern area trophy BFT fishery before additional landings of these sizes of BFT occur. Therefore, the AA finds
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