Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations 24359

notice of proposed LOA in the Federal Atmospheric Administration (NOAA), Angling Category Large Medium and Register, including the associated Commerce. Giant Gulf of Mexico ‘‘Trophy’’ Fishery analysis of the change, and solicit Closure ACTION: Temporary rule, closure. public comment before issuing the LOA. The 2021 BFT fishing year, which is (c) An LOA issued under § 216.106 of SUMMARY: NMFS closes the Angling managed on a calendar-year basis and this chapter and § 218.7 for the activity category Gulf of Mexico area incidental subject to an annual calendar-year identified in § 218.1(a) may be modified trophy fishery for large medium and quota, began January 1, 2021. The by NMFS under the following giant (‘‘trophy’’ (i.e., measuring 73 Angling category season opened January circumstances: inches (185 cm) curved fork length or 1, 2021, and continues through (1) NMFS may modify (including greater)) Atlantic bluefin tuna (BFT). December 31, 2021. The current Angling augment) the existing mitigation, This action is being taken to prevent category quota is 232.4 metric tons (mt), monitoring, or reporting measures (after further overharvest of the Angling of which 5.3 mt is allocated for the consulting with Navy regarding the category Gulf of Mexico incidental harvest of large medium and giant practicability of the modifications) if trophy BFT subquota. (trophy) BFT by vessels fishing under doing so creates a reasonable likelihood the Angling category quota, with 1.8 mt DATES: Effective 11:30 p.m., local time, of more effectively accomplishing the allocated for each of the following areas: goals of the mitigation and monitoring May 4, 2021, through December 31, ° 2021. North of 39 18’ N. lat. (off Great Egg set forth in the preamble for these Inlet, NJ); south of 39°18’ N. lat. and regulations. FOR FURTHER INFORMATION CONTACT: outside the Gulf of Mexico (the (i) Possible sources of data that could Larry Redd, Jr., [email protected], ‘‘southern area’’); and in the Gulf of contribute to the decision to modify the 301–427–8503, Nicholas Velseboer, Mexico. Per § 635.27(a)(2)(iii), the Gulf mitigation, monitoring, or reporting [email protected], 978–675– of Mexico region includes all waters of measures in a LOA: 2168, or Lauren Latchford, the U.S. exclusive economic zone (EEZ) (A) Results from Navy’s monitoring [email protected], 301–427– west and north of the boundary from previous years; 8503. stipulated at § 600.105(c). Trophy BFT (B) Results from other marine measure 73 inches (185 cm) curved fork mammal and/or sound research or SUPPLEMENTARY INFORMATION: Atlantic length or greater. studies; highly migratory species (HMS) Based on reported landings from the (C) Any information that reveals fisheries, including BFT fisheries, are NMFS Automated Catch Reporting marine mammals may have been taken managed under the authority of the System, NMFS has determined that the in a manner, extent or number not Atlantic Tunas Convention Act (ATCA; codified Angling category Gulf of authorized by these regulations or 16 U.S.C. 971 et seq.) and the Mexico trophy BFT subquota of 1.8 mt subsequent LOAs; and Magnuson-Stevens Fishery has been reached and exceeded and that (ii) If, through adaptive management, Conservation and Management Act a closure of the Gulf of Mexico the modifications to the mitigation, (Magnuson-Stevens Act; 16 U.S.C. 1801 incidental trophy BFT fishery is monitoring, or reporting measures are et seq.). The 2006 Consolidated Atlantic warranted. Therefore, retaining, substantial, NMFS will publish a notice HMS Fishery Management Plan (FMP) possessing, or landing large medium or of proposed LOA in the Federal and its amendments are implemented giant BFT in the Gulf of Mexico by Register and solicit public comment. by regulations at 50 CFR part 635. persons aboard HMS Angling category (2) If NMFS determines that an Section 635.27 divides the U.S. BFT and the HMS Charter/Headboat emergency exists that poses a significant quota recommended by the permitted vessels (when fishing risk to the well-being of the species or International Commission for the recreationally) must cease at 11:30 p.m. stocks of marine mammals specified in Conservation of Atlantic Tunas (ICCAT) local time on May 4, 2021. This closure a LOA issued pursuant to § 216.106 of and as implemented by the United will remain effective through December this chapter and § 218.7, a LOA may be States among the various domestic 31, 2021. This action is intended to modified without prior notice or fishing categories, per the allocations prevent further overharvest of the opportunity for public comment. Notice established in the 2006 Consolidated Angling category Gulf of Mexico would be published in the Federal Atlantic HMS FMP and its amendments. incidental trophy BFT subquota, and is Register within 30 days of the action. NMFS is required under the MSA to taken consistent with the regulations at provide U.S. fishing vessels with a § 218.9 [Reserved] § 635.28(a)(1). NMFS previously closed reasonable opportunity to harvest the 2021 trophy BFT fishery in the [FR Doc. 2021–09512 Filed 5–5–21; 8:45 am] quotas under relevant international southern area on March 1, 2021 (86 FR BILLING CODE 3510–22–P fishery agreements such as the ICCAT 12548, March 4, 2021). Convention, which is implemented If needed, subsequent Angling domestically pursuant to ATCA. DEPARTMENT OF COMMERCE category adjustments will be published Under § 635.28(a)(1), NMFS publishes in the Federal Register. Information National Oceanic and Atmospheric a closure notice with the Office of the regarding the Angling category fishery Administration Federal Register for publication when a for Atlantic tunas, including daily BFT quota (or subquota) is reached or is retention limits for BFT measuring 27 50 CFR Part 635 projected to be reached. Retaining, inches (68.5 cm) to less than 73 inches possessing, or landing BFT under that and any further Angling category [Docket No. 180117042–8884–02; RTID quota category is prohibited on or after adjustments, is available at 0648–XB001] the effective date and time of a closure hmspermits.noaa.gov or by calling (978) Atlantic Highly Migratory Species; notice for that category, for the 281–9260. HMS Angling category and Atlantic Bluefin Tuna Fisheries remainder of the fishing year, until the HMS Charter/Headboat permit holders opening of the relevant subsequent may catch and release (or tag and AGENCY: National Marine Fisheries quota period or until such date as release) BFT of all sizes, subject to the Service (NMFS), National Oceanic and specified. requirements of the catch-and-release

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and tag-and-release programs at magnitude of a potential Angling In this final rule, NMFS is § 635.26. Anglers are also reminded that category overharvest. NMFS must close implementing conservation equivalency all BFT that are released must be the Gulf of Mexico incidental trophy to manage the 2021 summer flounder handled in a manner that will maximize BFT fishery before additional landings recreational fishery, as proposed on survival, and without removing the fish of these sizes of BFT occur. Therefore, April 6, 2021 (86 FR 17764). The from the water, consistent with the AA finds good cause under 5 U.S.C. approval of conservation equivalency requirements at § 635.21(a)(1). For 553(b)(B) to waive prior notice and the means that we are waiving Federal additional information on safe handling, opportunity for public comment. For all summer flounder recreational measures see the ‘‘Careful Catch and Release’’ of the above reasons, there is good cause in Federal waters for all federally brochure available at https:// under 5 U.S.C. 553(d) to waive the 30- permitted summer flounder party/ www.fisheries.noaa.gov/resource/ day delay in effectiveness. charter vessels, regardless of where they outreach-and-education/careful-catch- Authority: 16 U.S.C. 971 et seq. and 1801 fish. States, through the Commission, and-release-brochure. et seq. are collectively implementing measures HMS Angling category and HMS designed to constrain landings to the Charter/Headboat permitted vessel Dated: May 3, 2021. 2021 recreational harvest limit. Vessels owners are required to report the catch Kelly Denit, fishing in Federal waters and Federal of all BFT retained or discarded dead, Director, Office of Sustainable Fisheries, party/charter vessels are subject to the within 24 hours of the landing(s) or end National Marine Fisheries Service. regulations in the state they land. These of each trip, by accessing [FR Doc. 2021–09614 Filed 5–3–21; 4:15 pm] measures are consistent with the hmspermits.noaa.gov, using the HMS BILLING CODE 3510–22–P recommendations of the Council and Catch Reporting app, or calling (888) the Commission. Additional 872–8862 (Monday through Friday from information on the development of 8 a.m. until 4:30 p.m.). DEPARTMENT OF COMMERCE these measures is provided in the Classification proposed rule and not repeated here. National Oceanic and Atmospheric Conservation equivalency, as NMFS issues this action pursuant to Administration established by Framework Adjustment 2 section 305(d) of the Magnuson-Stevens (66 FR 36208; July 11, 2001), allows Act. This action is consistent with 50 CFR Part 648 each state to establish its own regulations at 50 CFR part 635, which [Docket No. 210503–0094] recreational management measures were issued pursuant to section 304(c) (possession limits, fish size, and fishing of the Magnuson-Stevens Act and the RIN 0648–BK32 seasons) to achieve its state harvest limit Atlantic Tunas Convention Act, and is established by the Commission from the Fisheries of the Northeastern United exempt from review under Executive coastwide recreational harvest limit, as States; Recreational Management Order 12866. long as the combined effect of all of the Measures for the Summer Flounder The Assistant Administrator for states’ management measures achieves Fishery; Fishing Year 2021 NMFS (AA) finds that it is impracticable the same level of conservation as and contrary to the public interest to AGENCY: National Marine Fisheries Federal coastwide measures. Framework provide prior notice of, and an Service (NMFS), National Oceanic and Adjustment 6 (71 FR 42315; July 26, opportunity for public comment on, this Atmospheric Administration (NOAA), 2006) allows states to form regions for action for the following reasons: The Commerce. conservation equivalency in order to regulations implementing the 2006 ACTION: Final rule. minimize differences in regulations for Consolidated HMS FMP and anglers fishing in adjacent waters. amendments provide for inseason SUMMARY: NMFS announces Similar to the 2016–2020 program, the retention limit adjustments and fishery management measures for the 2021 2021 management program adopted by closures to respond to the unpredictable summer flounder recreational fishery. the Commission divides the recreational nature of BFT availability on the fishing The implementing regulations for this fishery into six management regions: (1) grounds, the migratory nature of this fishery require NMFS to publish Massachusetts; (2) Rhode Island; (3) species, and the regional variations in recreational measures for the fishing Connecticut-New York; (4) New Jersey; the BFT fishery. The closure of the year. The intent of this action is to (5) Delaware-Virginia; and (6) North Angling category Gulf of Mexico achieve, but not exceed, the 2021 Carolina. Each state within a region incidental trophy fishery is necessary to summer flounder recreational harvest must implement identical or equivalent prevent any further overharvest of the limit and thereby prevent overfishing on measures (fish size, bag limit, and Gulf of Mexico incidental trophy the summer flounder stock. fishing season length), and the subquota. NMFS provides notification DATES: This rule is effective May 5, combination of those measures must be of closures by publishing the notice in 2021. sufficient to achieve, but not exceed, the the Federal Register, emailing recreational harvest limit. individuals who have subscribed to the FOR FURTHER INFORMATION CONTACT: Based on the Commission’s Atlantic HMS News electronic Emily Keiley, Fishery Policy Analyst, recommendation, we find that the 2021 newsletter, and updating the (978) 281–9116. recreational fishing measures required information posted on the Atlantic SUPPLEMENTARY INFORMATION: The Mid- to be implemented in state waters are, Tunas Information Line and on Atlantic Fishery Management Council collectively, the conservation equivalent hmspermits.noaa.gov. and the Atlantic States Marine Fisheries of the season, fish size, and possession These fisheries are currently Commission jointly manage summer limit prescribed in 50 CFR 648.104(b), underway, and delaying this action flounder. The Council and 648.105, and 648.106(a). According to would be contrary to the public interest Commission’s Summer Flounder § 648.107(a)(1), vessels subject to the as it could result in excessive trophy Management Board meet jointly each recreational fishing measures are not BFT landings that may result in future year to recommend recreational subject to Federal measures, and instead potential quota reductions for the management measures for summer are subject to the recreational fishing Angling category, depending on the flounder. measures implemented by the state in

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