Rule2024-01724
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category January Through March Fishery for 2024
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 29, 2024
Effective
January 26, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the General category fishery for Atlantic bluefin tuna (BFT) for the remainder of the January through March time period. The General category may only retain, possess, or land large medium and giant (i.e., measuring 73 inches (185 centimeters (cm)) curved fork length or greater) when open. This action 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. On June 1, 2024, the fishery will reopen automatically.
Full Text
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<title>Federal Register, Volume 89 Issue 19 (Monday, January 29, 2024)</title>
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[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Rules and Regulations]
[Pages 5436-5437]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-01724]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD658]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category January Through March
Fishery for 2024
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS closes the General category fishery for Atlantic bluefin
tuna (BFT) for the remainder of the January through March time period.
The General category may only retain, possess, or land large medium and
giant (i.e., measuring 73 inches (185 centimeters (cm)) curved fork
length or greater) when open. This action 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. On June 1, 2024, the
fishery will reopen automatically.
DATES: Effective 11:30 p.m., local time, January 26, 2024, through
March 31, 2024.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#1a767b68686334687f7e7e5a74757b7b347d756c"><span class="__cf_email__" data-cfemail="7a161b08080354081f1e1e3a14151b1b541d150c">[email protected]</span></a>,
or Ann Williamson, <a href="/cdn-cgi/l/email-protection#43222d2d6d342a2f2f2a222e302c2d032d2c22226d242c35"><span class="__cf_email__" data-cfemail="3b5a5555154c525757525a564854557b55545a5a155c544d">[email protected]</span></a>, 301-427-8503.
SUPPLEMENTARY INFORMATION: BFT fisheries are managed under the 2006
Consolidated HMS Fishery Management Plan (FMP) and its amendments,
pursuant to the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with
the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS
implementing regulations are at 50 CFR part 635. Section 635.27 divides
the U.S. BFT quota, established 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 at 16
U.S.C. 1854(g)(1)(D) 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 Sec. 635.27(a), the current baseline U.S. BFT
quota is 1,316.14 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 per
Sec. 635.27(a)(3)). The current baseline quota for the General
category is 710.7 mt. The General category may only retain, possess, or
land large medium and giant (i.e., measuring 73 inches (185 cm) curved
fork length or greater) when open as specified at Sec. 635.27(a)(1).
The General category baseline quota is suballocated to different time
periods. Relevant to this action, the baseline subquota for the January
through March time period is 37.7 mt. As a result of a prior
adjustment, the adjusted subquota for the January through March time
period is 58.2 mt (89 FR 3361, January 18, 2024).
Under Sec. 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.
Closure of the January Through March 2024 General Category Fishery
To date, reported landings for the General category January through
March time period total 52.5 mt. Based on
[[Page 5437]]
these landings, NMFS has determined that the adjusted January through
March time period subquota of 58.2 mt is projected to be reached and
exceeded 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
January 26, 2024. 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
Sec. 635.28(a)(1). The General category will automatically reopen June
1, 2024, for the June through August time period.
During a 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 at Sec. 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 Sec. 635.21(a)(1). For additional information on safe handling, see
the ``Careful Catch and Release'' brochure available at <a href="https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/">https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/</a>.
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 as specified at Sec. 635.5(b)(2)(i). Late reporting by
dealers compromises NMFS' ability to timely implement actions such as
quota and retention limit adjustments, as well as closures, and may
result in enforcement actions. Additionally, and separate from the
dealer reporting requirement, General and HMS Charter/Headboat category
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 <a href="https://www.hmspermits.noaa.gov">https://www.hmspermits.noaa.gov</a>, 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 June 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 as specified under Sec.
635.27(a)(7). If needed, subsequent adjustments will be published in
the Federal Register. In addition, fishermen may access <a href="https://www.hmspermits.noaa.gov">https://www.hmspermits.noaa.gov</a>, 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 and
opportunity to provide comment on this action, as notice and comment
would be impracticable and contrary to the public interest 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 as this fishery is
currently underway and, based on landings information, the available
time period subquota is projected to be reached shortly. Delaying this
action could result in BFT landings exceeding the adjusted January
through March time period subquota and reduce the opportunity for U.S.
fishing vessels to harvest quota later in the year. Taking this action
does not raise conservation or management concerns, and would support
effective management of the BFT fishery. 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
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: January 24, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-01724 Filed 1-25-24; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 29, 2024.
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