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DOC/NOAA | RIN: 0648-BK37 | Publication ID: Spring 2021 |
Title: ●Atlantic Highly Migratory Species; General category restricted-fishing days for 2021 | |
Abstract:
Atlantic highly migratory species (HMS) fisheries are managed under the dual authority of the Magnuson-Stevens Fishery Conservation and Management Act and the Atlantic Tunas Convention Act (ATCA). This action would alert the regulated community of NMFS' proposal to resume use of restricted-fishing days (RFDs) as an effort control for the General category quota; establish a schedule of RFDs for 2021; and clarify existing regulatory text about the applicability of RFDs to HMS Charter/Headboat category permitted vessels in addition to General category permitted vessels. Under existing regulations, an RFD is a day on which vessels permitted in the Atlantic Tunas General category would be prohibited from fishing, including catch-and-release and tag-and-release fishing, for Atlantic bluefin tuna of all sizes. NMFS established the ability to set RFDs in certain Atlantic HMS fisheries through a rulemaking in 1995 as an available effort control to extend the General category time-period subquotas and provide additional fine scale inseason management flexibility with regard to quota use and distribution and season length. NMFS used RFDs annually through 2007. Since 2007, NMFS has not used RFDs, since other management controls were sufficient to meet management objectives. However, in both 2019 and 2020, catch rates increased and this plus additional considerations may warrant additional effort controls for the 2021 Atlantic bluefin fishing year. NMFS also has received numerous requests from Atlantic tunas dealers and General category participants for the resumed use of RFDs. As in the past, RFDs also would apply to HMS Charter/Headboat category permitted vessels when fishing commercially but would not preclude such vessels from recreational fishing activity (under applicable Angling category regulations), including catch and release and tag and release fishing. This action is being taken pursuant to the rulemaking authority under the Magnuson Stevens Fishery Conservation and Management Act 304(g) and the ATCA. |
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Agency: Department of Commerce(DOC) | Priority: Substantive, Nonsignificant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 50 CFR 635 | |
Legal Authority: 16 U.S.C. 1801 et seq. 16 U.S.C. 971 et seq. |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Kelly Denit Director, Office of Sustainable Fisheries Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway, Room 13362, Silver Spring, MD 20901 Phone:301 427-8500 Email: kelly.denit@noaa.gov |