Federal Register - March 3, 2021
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Source: Federal Register
12292
Federal Register / Vol. 86, No. 40 / Wednesday, March 3, 2021 / Rules and Regulations
with a commercial sale endorsement when fishing commercially for BFT, and is taken consistent with the regulations at 635.28a1. The intent of this closure is to prevent overharvest of the available January subquota.
Fishermen 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. 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 635.21a1. 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/.
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Monitoring and Reporting NMFS will continue to monitor the BFT fisheries closely. Dealers are required to submit landings 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,
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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 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..
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 2819260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments.
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.
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The Assistant Administrator for NMFS finds that pursuant to 5 U.S.C.
553bB, 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. This fishery is currently underway and delaying this action would be contrary to the public interest as it could result in BFT
landings exceeding the January 2021
subquota, which could result in the need to reduce quota for the General category later in the year and thus could affect later fishing opportunities. For all of the above reasons, there is good cause under 5 U.S.C. 553d to waive the 30day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: February 26, 2021.
Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
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