Rule2024-11992
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Mexico 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 31, 2024
Effective
May 29, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the Angling category Gulf of Mexico area fishery for large medium and giant ("trophy" (i.e., measuring 73 inches (185 centimeters) curved fork length or greater)) Atlantic bluefin tuna (BFT). 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 106 (Friday, May 31, 2024)</title>
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[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Rules and Regulations]
[Pages 47105-47106]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-11992]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD922]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the Angling Category Gulf of Mexico 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 Gulf of Mexico area fishery
for large medium and giant (``trophy'' (i.e., measuring 73 inches (185
centimeters) curved fork length or greater)) Atlantic bluefin tuna
(BFT). 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 29, 2024, through December
31, 2024.
FOR FURTHER INFORMATION CONTACT: Becky Curtis, <a href="/cdn-cgi/l/email-protection#7b191e18100255180e090f12083b15141a1a551c140d"><span class="__cf_email__" data-cfemail="650700060e1c4b061017110c16250b0a04044b020a13">[email protected]</span></a>,
301-427-8503 or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#5c303d2e2e25722e3938381c32333d3d723b332a"><span class="__cf_email__" data-cfemail="4a262b38383364382f2e2e0a24252b2b642d253c">[email protected]</span></a>, 301-427-8503.
SUPPLEMENTARY INFORMATION: BFT fisheries are managed under the 2006
Consolidated Atlantic 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 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 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.
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
and after the effective date and time of a closure action 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 suballocated 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 lat. 42[deg] N (the Gulf of Maine area); south of lat. 42[deg]
N and north of lat. 39[deg]18' N (the southern New England area); south
of lat. 39[deg]18' N, and outside of the Gulf of Mexico (the southern
area); and the Gulf of Mexico region. Trophy BFT measure 73 inches (185
centimeters) curved fork length or greater. We note, when the Gulf of
Mexico area trophy fishery is open, no large medium or giant BFT may be
retained, possessed, landed, or sold in the Gulf of Mexico, except one
per vessel per year may be landed if caught incidentally to fishing for
other species as specified at Sec. 635.23(b)(1)(i) while the fishery
is open. This closure action applies to the Gulf of Mexico area.
Angling Category Large Medium and Giant Gulf of Mexico ``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 Gulf of Mexico 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 centimeters) curved fork length or greater) BFT in the Gulf of
Mexico 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 29, 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 Gulf of Mexico 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. 635.27(a)(7) and Sec. 635.28(a)(1). Information regarding the
Angling category fishery for Atlantic tunas, including daily retention
limits for BFT measuring 27 inches (68.5 centimeters) to less than 73
inches (185 centimeters), and any further Angling category adjustments,
is available at <a href="https://hmspermits.noaa.gov">https://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://hmspermits.noaa.gov">https://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.).
[[Page 47106]]
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 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 Gulf of Mexico area trophy 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 Gulf of Mexico 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 28, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-11992 Filed 5-28-24; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 31, 2024.
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