Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Rules and Regulations 39383 

■ b. Revise paragraphs (a)(4)(i) and (iii); 

■ c. Add paragraph (a)(4)(v); 

■ d. Revise paragraphs (a)(8)(v) and (vi); 

and 

■ e. Add paragraph (a)(8)(vii). 

The additions and revisions read as 

follows: 

§ 635.24 Commercial retention limits for 

sharks, swordfish, and BAYS tunas. 

* * * * * 

(a) * * * 

(4) Additional retention limits for 

sharks. (i) Except as provided in 

§ 635.22(c)(7), a person who owns or 

operates a vessel that has been issued a 

directed shark LAP may retain, possess, 

land, or sell pelagic sharks if the pelagic 

shark fishery is open per §§ 635.27 and 

635.28. Shortfin mako sharks may be 

retained by persons aboard vessels using 

pelagic longline, bottom longline, or 

gillnet gear only if NMFS has adjusted 

the commercial retention limit above 

zero pursuant to paragraph (a)(4)(v) of 

this section and only if the shark is dead 

at the time of haulback and consistent 

with the provisions of §§ 635.21(c)(1), 

(d)(5), and (g)(6) and 635.22(c)(7). 

* * * * * 

(iii) Consistent with paragraph 

(a)(4)(ii) of this section, a person who 

owns or operates a vessel that has been 

issued an incidental shark LAP may 

retain, possess, land, or sell no more 

than 16 SCS and pelagic sharks, 

combined, per vessel per trip, if the 

respective fishery is open per §§ 635.27 

and 635.28. Of those 16 SCS and pelagic 

sharks per vessel per trip, no more than 

8 shall be blacknose sharks. Shortfin 

mako sharks may be retained under the 

commercial retention limits by persons 

using pelagic longline, bottom longline, 

or gillnet gear only if NMFS has 

adjusted the commercial retention limit 

above zero pursuant to paragraph 

(a)(4)(v) of this section and only if the 

shark is dead at the time of haulback 

and consistent with the provisions at 

§ 635.21(c)(1), (d)(5), and (g)(6). If the 

vessel has also been issued a permit 

with a shark endorsement and retains a 

shortfin mako shark, recreational 

retention limits apply to all sharks 

retained and none may be sold, per 

§ 635.22(c)(7). 

* * * * * 

(v) At the start of each fishing year, 

the default shortfin mako shark 

retention limit of zero sharks will apply. 

During the fishing year, NMFS may 

adjust the default shortfin mako shark 

trip limit per the inseason trip limit 

adjustment criteria listed in paragraph 

(a)(8) of this section. 

* * * * * 

(8) * * * 

(v) Variations in seasonal distribution, 

abundance, or migratory patterns of the 

relevant shark species based on 

scientific and fishery-based knowledge; 

(vi) Effects of catch rates in one part 

of a region or sub-region precluding 

vessels in another part of that region or 

sub-region from having a reasonable 

opportunity to harvest a portion of the 

relevant quota; and/or 

(vii) Any shark retention allowance 

set by ICCAT, the amount of remaining 

allowance, and the expected or reported 

catch rates of the relevant shark species, 

based on dealer and other harvest 

reports. 

* * * * * 

■ 6. In § 635.27, revise paragraph 

(b)(4)(i) and add paragraph (b)(4)(v) to 

read as follows: 

§ 635.27 Quotas. 

* * * * * 

(b) * * * 

(4) * * * 

(i) The base annual quota for persons 

who collect LCS other than sandbar, 

SCS, pelagic sharks other than shortfin 

mako, blue sharks, porbeagle sharks, or 

prohibited species under a display 

permit or EFP is 57.2 mt ww (41.2 mt 

dw). 

* * * * * 

(v) No persons may collect shortfin 

mako sharks under a display permit. 

Collection of shortfin mako sharks for 

research under EFPs and/or SRPs may 

be considered on a case-by-case basis 

and any associated mortality would be 

deducted from the shark research and 

display quota if shortfin mako shark 

retention is otherwise prohibited or 

counted against U.S. allowable retention 

levels established at ICCAT when 

retention is allowed. 

* * * * * 

[FR Doc. 2022–14116 Filed 6–30–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02; RTID 

0648–XC020] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the Angling 

category northern area fishery for large 

medium and giant Atlantic bluefin tuna 

(BFT) (i.e., ‘‘trophy’’ fish measuring 73 

inches (185 cm) curved fork length or 

greater). This closure applies to Highly 

Migratory Species (HMS) Angling and 

Atlantic HMS Charter/Headboat 

permitted vessels when fishing 

recreationally for BFT. This action is 

necessary because landings data 

indicate the Angling category northern 

area trophy BFT subquota of 1.8 mt has 

been reached and exceeded. 

DATES: Effective 11:30 p.m., local time, 

June 29, 2022, through December 31, 

2022. 

FOR FURTHER INFORMATION CONTACT: Ann 

Williamson, ann.williamson@noaa.gov, 

301–427–8503, 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 

Atlantic HMS FMP and its amendments. 

NMFS is required under the MagnusonStevens 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 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. 

The 2022 BFT fishing year, which is 

managed on a calendar-year basis and 

subject to an annual calendar-year 

quota, began January 1, 2022. The 


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39384 Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Rules and Regulations 

Angling category season opened January 

1, 2022, and continues through 

December 31, 2022. The Angling 

category baseline 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; the ‘‘northern 

area’’); 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. 

Angling Category Large Medium and 

Giant Northern Area ‘‘Trophy’’ Fishery 

Closure 

Based on landings data from the 

NMFS Automated Catch Reporting 

System, as well as average catch rates 

and anticipated fishing conditions, 

NMFS has determined that the codified 

Angling category northern area trophy 

BFT subquota of 1.8 mt has been 

reached and exceeded. Therefore, 

retaining, possessing, or landing large 

medium or giant (i.e., measuring 73 

inches (185 cm) curved fork length or 

greater) BFT north of 39°18′ N lat. by 

persons aboard HMS Angling and HMS 

Charter/Headboat permitted vessels 

(when fishing recreationally) must cease 

at 11:30 p.m. local time on June 29, 

2022. This closure will remain effective 

through December 31, 2022. This action 

applies to HMS Angling and HMS 

Charter/Headboat permitted vessels 

when fishing recreationally for BFT, and 

is taken consistent with the regulations 

at § 635.28(a)(1). This action is intended 

to prevent overharvest of the Angling 

category northern area trophy BFT 

subquota. NMFS previously closed the 

2022 trophy BFT fishery in the southern 

area on February 12, 2022 (87 FR 8983, 

February 17, 2022) and in the Gulf of 

Mexico area on May 17, 2022 (87 FR 

30838, May 20, 2022). Therefore, with 

this closure of the northern area trophy 

BFT fishery, the Angling category 

trophy BFT fishery will be closed in all 

areas for 2022. 

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 permit holders may 

catch and release (or tag and release) 

BFT of all sizes, subject to the 

requirements of the catch-and-release 

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 Angling and 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 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 and regulations at 50 CFR part 635 

and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

NMFS 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 its 

amendments provide for inseason 

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 

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 northern area trophy BFT fishery 

before additional landings of these sizes 

of BFT occur. Therefore, the Assistant 

Administrator for NMFS finds 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: June 28, 2022. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–14142 Filed 6–29–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No: 220627–0142; RTID 0648– 

XB877] 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Annual Specifications; 2022–2023 

Annual Specifications and 

Management Measures for Pacific 

Sardine 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is implementing 

annual harvest specifications and 

management measures for the northern 

subpopulation of Pacific sardine 

(hereafter, Pacific sardine), for the 

fishing year, which runs from July 1, 

2022, through June 30, 2023. This final 

rule will prohibit most directed 

commercial fishing for Pacific sardine 

off the coasts of Washington, Oregon, 

and California. Pacific sardine harvest 

will be allowed only in the live bait 

fishery, minor directed fisheries, as 

incidental catch in other fisheries, or as 

authorized under exempted fishing 

permits. The incidental harvest of 

Pacific sardine will be limited to 20 

percent by weight of all fish per trip 

when caught with other stocks managed 

under the Coastal Pelagic Species 

Fishery Management Plan, or up to 2 

metric tons per trip when caught with 

non-Coastal Pelagic Species stocks. The 

annual catch limit for the 2022–2023 

Pacific sardine fishing year is 4,274 

metric tons. This final rule is intended 

to conserve and manage the Pacific 

sardine stock off the U.S. West Coast. 

DATES: Effective June 30, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Taylor Debevec, West Coast Region, 

NMFS, (562) 619–2052, 

Taylor.Debevec@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the Pacific sardine fishery in 

the U.S. exclusive economic zone (EEZ) 

off the Pacific coast (California, Oregon, 

and Washington) in accordance with the 


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