12548 Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02; RTID 

0648–XA819] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: 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. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin, sarah.mclaughlin@

noaa.gov, 978–281–9260, Nicholas 

Velseboer, nicholas.velseboer@

noaa.gov, 978–675–2168, or Larry Redd, 

Jr., larry.redd@noaa.gov, 301–427–8503. 

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 § 635.28(a)(1), 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 

remainder of the fishing year, until the 

opening of the subsequent quota period 

or until such date as specified. 

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 

39°18′ N lat. (off Great Egg Inlet, NJ); 

south of 39°18′ 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 39°18′ 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 

§ 635.28(a)(1). 

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) 

281–9260. 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 

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/ 

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 

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.). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is consistent with 

regulations at 50 CFR part 635, which 

were issued pursuant to section 304(c) 

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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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules and Regulations 12549 

good cause under 5 U.S.C. 553(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. 553(d) to waive the 30-day delay 

in effectiveness. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: March 1, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–04480 Filed 3–1–21; 4:15 pm] 

BILLING CODE 3510–22–P 


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