Billing Code: 3510-22-P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220523-0119]
RTID 0648-XC331
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the
General Category September Fishery for 2022
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS closes the General category fishery for large medium and giant
(i.e., measuring 73 inches (185 cm) curved fork length or greater) Atlantic bluefin tuna
(BFT) for the September subquota time period. This action applies to Atlantic Tunas
General category (commercial) permitted vessels and HMS Charter/Headboat permitted
vessels with a commercial sale endorsement when fishing commercially for BFT. This
action also waives the previously-scheduled restricted fishing days (RFDs) for the
remainder of the September subquota time period. With the RFDs waived during the
closure, fishermen aboard General category permitted vessels and HMS
Charter/Headboat permitted vessels may tag and release BFT of all sizes, subject to the
requirements of the catch-and-release and tag-and-release programs. On October 1, 2022,
the fishery will reopen automatically and previously scheduled RFDs for the October
through November subquota time period will resume.
DATES: Effective 11:30 p.m., local time, September 19, 2022, through September 30,
2022.

FOR FURTHER INFORMATION CONTACT: Erianna Hammond,
erianna.hammond@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 HMS FMP and its amendments. NMFS
is required under the Magnuson-Stevens 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 action 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
or after the effective date and time of a closure notice for that category until the opening
of the relevant subsequent quota period or until such date as specified.
The baseline U.S. BFT quota is 1,316.14 metric tons (mt) (§ 635.27(a)). The
current baseline quota for the General category is 587.9 mt and the baseline subquota for
the September time period is 155.8 mt. Effective September 7, 2022, NMFS increased the
September subquota to 225.5 mt through an inseason quota transfer (87 FR 54910,
September 8, 2022). Within that transfer notice, NMFS made an inadvertent error in
calculating the adjusted September subquota. Through this action, NMFS corrects the

adjusted September subquota to 225.8 mt (155.8 mt baseline subquota + 70 mt
transferred). This transfer provided additional quota for the September time period and
also addressed a 20.5 mt overharvest from previous time period subquotas.
Closure of the September 2022 General Category Fishery
As of September 15, 2022, reported landings for the General category September
subquota time-period total approximately 181.6 mt. Based on these landings data, as well
as average catch rates and anticipated fishing conditions, NMFS projects the adjusted
September 2022 subquota of 225.8 mt will be reached shortly. Therefore, retaining,
possessing, or landing large medium or giant (i.e., measuring 73 inches (185 cm) curved
fork length or greater) BFT by persons aboard vessels permitted in the Atlantic Tunas
General category and HMS Charter/Headboat permitted vessels (while fishing
commercially) must cease at 11:30 p.m. local time on September 19, 2022. This action
applies to Atlantic Tunas General category (commercial) permitted vessels and HMS
Charter/Headboat permitted vessels with a commercial sale endorsement when fishing
commercially for BFT, and is taken consistent with the regulations at § 635.28(a)(1). The
intent of this closure is to prevent overharvest of the available September subquota. The
General category will automatically reopen October 1, 2022, for the October through
November 2022 subquota time-period.
Adjustment of the Daily Retention Limit for Selected Dates
On June 1, 2022 (87 FR 33056), NMFS published a final rule implementing
RFDs every Tuesday, Friday, and Saturday through November 30, 2022. Because the
fishery will be closed for the remainder of the September subquota time period, NMFS
has decided to waive the previously-scheduled RFDs for the remainder of that period.
Previously scheduled RFDs will resume on October 1, 2022.
With the RFDs waived during the closure, consistent with § 635.23(a)(4),
fishermen aboard General category permitted vessels and HMS Charter/Headboat

permitted vessels may tag and release BFT of all sizes, subject to the requirements of the
catch-and-release 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 § 635.21(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-catch-andrelease-brochure/.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries 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 category and
HMS 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 www.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.).
After the fishery reopens on October 1, 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) 281-9260, or access
www.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 pursuant to 5 U.S.C.
553(b)(B), there is good cause to waive prior notice of, and an opportunity for public
comment on, this action for the following reasons. Specifically, 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. Providing for prior notice and an opportunity to
comment is impracticable and contrary to the public interest. This fishery is currently
underway and, based on landings information, delaying this action could result in BFT
landings exceeding the adjusted September 2022 General category subquota. Taking this
action does not raise conservation and management concerns. NMFS notes that the public
had an opportunity to comment on the underlying rulemakings that established the U.S.
BFT quota and the inseason adjustment criteria.
For all of the above reasons, the AA also finds that pursuant to 5 U.S.C. 553(d),
there is good cause to waive the 30-day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: September 15, 2022.

Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2022-20386 Filed: 9/16/2022 4:15 pm; Publication Date: 9/21/2022]