Rule2024-09782
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Southern New England Area Trophy 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
May 6, 2024
Effective
May 2, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the Angling category southern area fishery for large medium and giant ("trophy" (i.e., measuring 73 inches (185 centimeters (cm)) curved fork length or greater)) Atlantic bluefin tuna (BFT). The southern New England area trophy fishery is defined as south of 42[deg] N lat. and north of 39[deg]18' N lat. This action applies to Highly Migratory Species (HMS) Angling and HMS Charter/Headboat permitted vessels when fishing recreationally.
Full Text
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<title>Federal Register, Volume 89 Issue 88 (Monday, May 6, 2024)</title>
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[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37139-37140]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-09782]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD926]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the Angling Category Southern New England Area
Trophy 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 Angling category southern area fishery for
large medium and giant (``trophy'' (i.e., measuring 73 inches (185
centimeters (cm)) curved fork length or greater)) Atlantic bluefin tuna
(BFT). The southern New England area trophy fishery is defined as south
of 42[deg] N lat. and north of 39[deg]18' N lat. This action applies to
Highly Migratory Species (HMS) Angling and HMS Charter/Headboat
permitted vessels when fishing recreationally.
DATES: Effective 11:30 p.m., local time, May 2, 2024, through December
31, 2024.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#bcd0ddcecec592ced9d8d8fcd2d3dddd92dbd3ca"><span class="__cf_email__" data-cfemail="bfd3decdcdc691cddadbdbffd1d0dede91d8d0c9">[email protected]</span></a>,
or Ann Williamson, <a href="/cdn-cgi/l/email-protection#fc9d9292d28b959090959d918f9392bc92939d9dd29b938a"><span class="__cf_email__" data-cfemail="3f5e51511148565353565e524c50517f51505e5e11585049">[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
[[Page 37140]]
opportunity to harvest quotas under relevant international fishery
agreements such as the ICCAT Convention, which is implemented
domestically pursuant to ATCA.
Under Sec. 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 2024 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2024. The Angling category season opened January 1, 2024, and continues
through December 31, 2024. 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 Angling category baseline
quota is 297.4 mt, of which 9.2 mt (3.1 percent of the annual Angling
category quota) is sub-allocated for the harvest of large medium and
giant (trophy) BFT by vessels fishing under the Angling category quota,
with 2.3 mt (25 percent of the annual large medium and giant BFT
Angling category quota) allocated for each of the following areas:
North of 42[deg] N lat. (the Gulf of Maine area); south of 42[deg] N
lat. and north of 39[deg]18' N lat. (the southern New England area);
south of 39[deg]18' N lat., and outside of the Gulf of Mexico (the
southern area); and the Gulf of Mexico region. Trophy BFT measure 73
inches (185 cm) curved fork length or greater. This closure action
applies to the southern New England area.
Angling Category Large Medium and Giant Southern New England ``Trophy''
Fishery Closure
Based on landings data from the NMFS Automated Catch Reporting
System, as well as average catch rates and anticipated fishing
conditions, the Angling category southern New England area trophy BFT
subquota of 2.3 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 south of 42[deg] N lat. and
north of 39[deg]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 May 2, 2024. This closure will remain
effective through December 31, 2024. 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 Sec.
635.28(a)(1). This action is intended to prevent further overharvest of
the Angling category southern New England area trophy BFT subquota.
If needed to ensure available quotas or subquotas are not exceeded
or to enhance fishing opportunities, subsequent Angling category
adjustments or closures will be published in the Federal Register per
Sec. Sec. 635.27(a)(7) and 635.28(a)(1). 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
<a href="https://www.hmspermits.noaa.gov">https://www.hmspermits.noaa.gov</a>. During a closure, fishermen aboard HMS
Angling and HMS Charter/Headboat permitted vessels when fishing
recreationally may continue to 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 Sec. 635.26. 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 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. Per Sec.
635.5(c)(1), HMS Angling 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 <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.).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act (16 U.S.C. 1855(d)) and regulations at 50 CFR part 635, and
this action 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), 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. Specifically, the
regulations implementing the 2006 Consolidated HMS FMP and its
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
opportunity to comment is impracticable and contrary to the public
interest as this fishery is currently underway and, based on landings
information, the Angling category southern New England area fishery
subquota has been reached and exceeded. Delaying this action could
result in further 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 southern New England area trophy BFT fishery before
additional landings of these sizes of BFT occur. Taking this action
does not raise conservation and 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
effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: May 1, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-09782 Filed 5-1-24; 4:15 pm]
BILLING CODE 3510-22-P
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