Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Rules and Regulations 38673 

actions. This is not a significant 

regulatory action under this Executive 

order; it allows only for traditional 

subsistence harvest and improves 

conservation of migratory birds by 

allowing effective regulation of this 

harvest. Further, this rule is not 

expected to significantly affect energy 

supplies, distribution, or use. Therefore, 

this action is not a significant energy 

action under Executive Order 13211, 

and a statement of energy effects is not 

required. 

List of Subjects in 50 CFR Part 92 

Hunting, Treaties, Wildlife. 

Regulation Promulgation 

For the reasons set out in the 

preamble, we amend 50 CFR part 92 as 

set forth below: 

PART 92—MIGRATORY BIRD 

SUBSISTENCE HARVEST IN ALASKA 

■ 1. The authority citation for part 92 

continues to read as follows: 

Authority: 16 U.S.C. 703–712. 

■ 2. Amend § 92.5 by: 

■ a. Revising paragraph (a)(2)(ii), the 

first sentence of paragraph (b) 

introductory text, and paragraphs (b)(2) 

and (3); and 

■ b. Adding paragraphs (b)(4) and (5). 

The revisions and additions read as 

follows: 

§ 92.5 Who is eligible to participate? 

* * * * * 

(a) * * * 

(2) * * * 

(ii) Gulf of Alaska Region—Chugach 

Community of Chenega, Chugach 

Community of Cordova, Chugach 

Community of Nanwalek, Chugach 

Community of Port Graham, and 

Chugach Community of Tatitlek. 

* * * * * 

(b) Excluded areas. Excluded areas 

are not subsistence harvest areas and are 

closed to harvest, with the exception of 

any portion of an excluded area that 

falls within a harvest area that has been 

designated for a specific community 

under paragraph (a)(2) of this section. 

* * * 

* * * * * 

(2) The Municipality of Anchorage, 

the Matanuska-Susitna Borough, the 

Kenai Peninsula roaded area (as 

described in paragraph (b)(3) of this 

section), the Gulf of Alaska roaded area 

(as described in paragraph (b)(4) of this 

section), Southeast Alaska, and the 

Central Interior Excluded Area (as 

described in paragraph (b)(5) of this 

section) do not qualify for a spring and 

summer harvest. 

(3) The Kenai Peninsula roaded area 

comprises the following: Game 

Management Unit (Unit) 7, Unit 15(A), 

Unit 15(B), and that portion of Unit 

15(C) east and north of a line beginning 

at the northern boundary of Unit 15(C) 

and mouth of the Kasilof River at 

60°23′19′′ N; 151°18′37′′ W, extending 

south along the coastline of Cook Inlet 

to Bluff Point (59°40′00′′ N), then south 

along longitude line 151°41′48′′ W to 

latitude 59°35′56′′ N, then east to the tip 

of Homer Spit (excluding any land of 

the Homer Spit), then northeast to the 

north bank of Fox River (59°48′57′′ N; 

150°58′44′′ W), and then east to the 

eastern boundary of Unit 15(C) at 

150°19′59′′ W. 

(4) The Gulf of Alaska roaded area 

comprises the incorporated city 

boundaries of Valdez and Whittier, 

Alaska. 

(5) The Central Interior Excluded Area 

comprises the following: The Fairbanks 

North Star Borough and that portion of 

Unit 20(A) east of the Wood River 

drainage and south of Rex Trail, 

including the upper Wood River 

drainage south of its confluence with 

Chicken Creek; that portion of Unit 

20(C) east of Denali National Park north 

to Rock Creek and east to Unit 20(A); 

and that portion of Unit 20(D) west of 

the Tanana River between its confluence 

with the Johnson and Delta Rivers, west 

of the east bank of the Johnson River, 

and north and west of the Volkmar 

drainage, including the Goodpaster 

River drainage. The following 

communities are within the Excluded 

Area: Delta Junction/Big Delta/Fort 

Greely, McKinley Park/Village, Healy, 

Ferry, and all residents of the formerly 

named Fairbanks North Star Borough 

Excluded Area. 

* * * * * 

■ 3. Amend § 92.31 by revising 

paragraphs (j)(3) introductory text and 

(k)(1) to read as follows: 

§ 92.31 Region-specific regulations. 

* * * * * 

(j) * * * 

(3) Kachemak Bay Area (Harvest area: 

That portion of Game Management Unit 

[Unit] 15[C] west and south of a line 

beginning at the northern boundary of 

Unit 15[C] and mouth of the Kasilof 

River at 60°23′19′′ N; 151°18′37′′ W, 

extending south along the coastline of 

Cook Inlet to Bluff Point [59°40′00′′ N], 

then south along longitude line 

151°41′48′′ W to latitude 59°35′56′′ N, 

then east to the tip of Homer Spit 

[excluding any land of the Homer Spit], 

then northeast to the north bank of the 

Fox River [59°48′57′′ N; 150°58′44′′ W], 

and then east to the eastern boundary of 

Unit 15[C] at 150°19′59′′ W) (Eligible 

Chugach Communities: Port Graham, 

Nanwalek): 

* * * * * 

(k) * * * 

(1) Season: April 2–May 31—That 

portion of Game Management Unit 16(B) 

west of the east bank of the Yentna 

River, south of the north bank of the 

Skwentna River, and south of the north 

bank of Portage Creek to the boundary 

of Game Management Unit 16(B) at 

Portage Pass; and August 1–31—That 

portion of Game Management Unit 16(B) 

west of longitude line 150°56′ W, south 

of the north banks of the Beluga River 

and Beluga Lake, then south of latitude 

line 61°26′08′′ N. 

* * * * * 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2022–13403 Filed 6–28–22; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02] 

RTID 0648–XC097 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment. 

SUMMARY: NMFS is adjusting the 

General category daily retention limit 

from three large medium or giant 

Atlantic bluefin tuna (BFT) to one large 

medium or giant BFT. This daily 

retention limit 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 adjustment 

will be effective for the remainder of the 

June through August subquota time 

period. 

DATES: Effective July 3, 2022, through 

August 31, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

301–427–8503, Nicholas Velseboer, 

nicholas.velseboer@noaa.gov, 978–281– 


lotter on DSK11XQN23PROD with RULES1
38674 Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Rules and Regulations 

9260, or Thomas Warren, 

thomas.warren@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 MSA 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. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,247.86 metric tons (mt) (not including 

the 25 mt ICCAT allocated to the United 

States to account for bycatch of BFT in 

pelagic longline fisheries in the 

Northeast Distant Gear Restricted Area). 

The General category baseline quota is 

currently 555.7 mt. This baseline quota 

is further subdivided into subquotas by 

time period. The June through August 

subquota time period is 277.9 mt. As a 

result of the 2021 ICCAT 

recommendation regarding western 

Atlantic bluefin tuna management and 

the implementing final rule (87 FR 

33049, June 1, 2022), on July 1, 2022, 

the baseline quotas noted above will 

increase to 1,316.14 mt, 587.9 mt, and 

293.9 mt, respectively. The default 

General category daily retention limit is 

one large medium or giant BFT 

(measuring 73 inches (185 cm) curved 

fork length (CFL) or greater) per vessel 

per day/trip and applies to General 

category permitted vessels and to HMS 

Charter/Headboat permitted vessels 

(when fishing commercially for BFT) 

(§ 635.23(a)(2)). NMFS adjusted the 

daily retention limit adjustment for the 

beginning of the June through August 

2022 subquota time period from the 

default daily retention limit of one to 

three large medium or giant BFT (87 FR 

32094, May 27, 2022). This action 

would adjust the daily retention limit 

for the remainder of the second time 

period in 2022, June through August. 

Adjustment of General Category Daily 

Retention Limit 

Under § 635.23(a)(4), NMFS may 

increase or decrease the daily retention 

limit of large medium and giant BFT 

over a range of zero to five BFT per 

vessel after considering the regulatory 

determination criteria under 

§ 635.27(a)(8). As described below, 

NMFS considered all of the relevant 

determination criteria and their 

applicability to the General category 

BFT retention limit for June through 

August 2022. After considering these 

criteria, NMFS has decided to decrease 

the daily retention limit from three to 

one large medium or giant BFT per 

vessel per day/trip for General category 

permitted vessels and for HMS Charter/ 

Headboat permitted vessels with a 

commercial sale endorsement when 

fishing commercially for BFT. 

Regardless of the duration of a fishing 

trip, the daily retention limit applies 

upon landing. For example (and specific 

to the June through August 2022 limit), 

whether a vessel fishing under the 

General category retention limit takes a 

two-day trip or makes two trips in one 

day, the daily limit of three fish may not 

be exceeded upon landing. This General 

category retention limit is effective in all 

areas, except for the Gulf of Mexico, 

where NMFS prohibits targeting fishing 

for BFT, and applies to those vessels 

permitted in the General category, as 

well as to those HMS Charter/Headboat 

permitted vessels with a commercial 

sale endorsement when fishing 

commercially for BFT. 

Consideration of the Determination 

Criteria 

As described above, under 

§ 635.23(a)(4), NMFS may adjust the 

daily retention limit of large medium 

and giant BFT after considering the 

regulatory determination criteria under 

§ 635.27(a)(8). Regarding the usefulness 

of information obtained from catches in 

the particular category for biological 

sampling and monitoring of the status of 

the stock (§ 635.27(a)(8)(i)), biological 

samples collected from BFT landed by 

General category fishermen and 

provided by BFT dealers continue to 

provide NMFS with valuable parts and 

data for ongoing scientific studies of 

BFT age and growth, migration, and 

reproductive status. Additional 

opportunity to land BFT would support 

the continued collection of a broad 

range of data for these studies and for 

stock monitoring purposes. 

NMFS also considered the catches of 

the General category quota to date and 

the likelihood of closure of the General 

category if no adjustment is made 

(§ 635.27(a)(8)(ii)). Commercial-size BFT 

are currently readily available to vessels 

fishing under the General category 

quota. As of June 23, 2022, the General 

category has landed approximately 20.5 

mt, representing 7 percent of the 

General category subquota for the June 

1 through August 31 subquota time 

period. If current catch rates continue 

with the three-fish daily limit, the 

available subquota for the June through 

August time period will be reached or 

exceeded, and NMFS would need to 

close the fishery earlier than otherwise 

would be necessary under a lower limit. 

NMFS intends to provide General 

category participants in all areas and 

time periods opportunities to harvest 

the General category quota without 

exceeding it, through active inseason 

management such as retention limit 

adjustments and/or the timing and 

amount of quota transfers (based on 

consideration of the determination 

criteria regarding inseason adjustments), 

while extending the season as long as 

practicable. NMFS is setting the limit 

for the remainder of the June through 

August 2022 subquota time period in 

such a way that NMFS believes, 

informed by past experience, increases 

the likelihood that the fishery will 

remain open throughout the subquota 

time period and year. 

NMFS also took into consideration a 

recently published final rule that would 

set restricted-fishing days (RFDs) for the 

General category during the months of 

July through November 2022, with the 

first RFD scheduled for July 1 (87 FR 

33056, June 1, 2022). On an RFD, 

General category permitted vessels and 

HMS Charter/Headboat permitted 

vessels (when fishing commercially for 

BFT) are prohibited from fishing for 

bluefin tuna. However, HMS Charter/ 

Headboat permitted vessels are 

authorized to fish recreationally under 

the Angling category restrictions and 

must follow the Angling category 

retention and size limits. NMFS believes 

the final RFD action, in combination 

with reducing the daily retention limit 

that applies on open days (through this 

inseason action) would further increase 

the likelihood that the fishery would 

remain open throughout the subquota 

time period and year. 

NMFS also considered the effects of 

the adjustment on the BFT stock and the 

effects of the adjustment on 

accomplishing the objectives of the 2006 

Consolidated HMS FMP 

(§ 635.27(a)(8)(v) and (vi)). This 

retention limit adjustment would be 

consistent with established quotas and 

subquotas, which are implemented 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 124 / Wednesday, June 29, 2022 / Rules and Regulations 38675 

consistent with ICCAT 

recommendations, (established in 

Recommendation 17–06 and maintained 

in Recommendation 20–06), ATCA, and 

the objectives of the 2006 Consolidated 

HMS FMP and amendments. This 

retention limit adjustment would also 

be consistent with ICCAT 

Recommendation 21–07, which 

increases the U.S. baseline quota and 

subquotas slightly. The implementing 

final rule is effective July 1, 2022 (87 FR 

33049, June 1, 2022). In establishing 

these quotas and subquotas and 

associated management measures, 

ICCAT and NMFS considered the best 

scientific information available, 

objectives for stock management and 

status, and effects on the stock. This 

retention limit adjustment is in line 

with the established management 

measures and stock status 

determinations. It is also important that 

NMFS limit landings to the subquotas 

both to adhere to the subquota time 

period allocations and to ensure that 

landings are as consistent as possible 

with the pattern of fishing mortality 

(e.g., fish caught at each age) that was 

assumed in the latest stock assessment, 

and this retention limit adjustment is 

consistent with those objectives. 

Another principal consideration in 

setting the retention limit is the 

objective of providing opportunities to 

harvest the available General category 

quota without exceeding the annual 

quota. This consideration is based on 

the objectives of the 2006 Consolidated 

HMS FMP and its amendments, and 

includes achieving optimum yield on a 

continuing basis and optimizing the 

ability of all permit categories to harvest 

available BFT quota allocations (related 

to § 635.27(a)(8)(x)). 

Given these considerations, NMFS 

has determined that a one-fish General 

category retention limit is warranted for 

the remainder of the June–August 2022 

subquota time period. This retention 

limit would provide a reasonable 

opportunity to harvest the available U.S. 

BFT quota (including the expected 

increase in available 2022 quota based 

on 2021 underharvest), without 

exceeding it, while maintaining an 

equitable distribution of fishing 

opportunities; help optimize the ability 

of the General category to harvest its 

available quota; allow the collection of 

a broad range of data for stock 

monitoring purposes; and be consistent 

with the objectives of the 2006 

Consolidated HMS FMP and 

amendments. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fishery 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 

and HMS Charter/Headboat vessel 

owners are required to report their own 

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 or by 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 quota is 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 

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 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 additional prior notice and an 

opportunity for public comment on the 

change in the daily retention limit from 

three BFT to the default level for the 

June through August 2022 subquota 

time period would be impracticable. 

Based on available BFT quotas, fishery 

performance in recent years, and the 

availability of BFT on the fishing 

grounds, responsive adjustment to the 

General category BFT daily retention 

limit from three BFT to one fish is 

warranted to allow fishermen to take 

advantage of availability of fish and of 

quota. 

Delays in decreasing the retention 

limit may result in the available June 

through August subquota time period 

being reached or exceeded and NMFS 

needing to close the fishery earlier than 

otherwise would be necessary under the 

lower limit being set for the remainder 

of this period. Such delays could 

adversely affect those General category 

and HMS Charter/Headboat vessels that 

would otherwise have an opportunity to 

harvest BFT if the fishery were to 

remain open for as feasible throughout 

the remaining subquota time periods. 

Limited opportunities to harvest the 

respective quotas may have negative 

social and economic impacts for U.S. 

fishermen that depend upon catching 

the available quota within the time 

periods designated in the 2006 

Consolidated HMS FMP and 

amendments. Adjustment of the 

retention limit needs to be effective as 

soon as possible to extend fishing 

opportunities for fishermen in all 

geographic areas, and to provide 

equitable opportunities. NMFS provides 

notification of retention limit 

adjustments 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. With quota 

available and fish available on the 

grounds, and with no additional 

expected impacts to the stock, it would 

be contrary to the public interest to 

require vessels to wait to harvest the 

additional fish allowed through this 

action. Therefore, the AA finds good 

cause under 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment. For these 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: June 23, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–13831 Filed 6–28–22; 8:45 am] 

BILLING CODE 3510–22–P 


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