Rule2024-17000
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Maine 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
August 1, 2024
Effective
July 31, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the Angling category Gulf of Maine 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 148 (Thursday, August 1, 2024)</title>
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[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Rules and Regulations]
[Pages 62666-62667]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17000]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XE141]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the Angling Category Gulf of Maine 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 Maine 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, July 31, 2024, through
December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Anna Quintrell,
<a href="/cdn-cgi/l/email-protection#95f4fbfbf4bbe4e0fcfbe1e7f0f9f9d5fbfaf4f4bbf2fae3"><span class="__cf_email__" data-cfemail="33525d5d521d42465a5d4741565f5f735d5c52521d545c45">[email protected]</span></a> or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#e884899a9a91c69a8d8c8ca886878989c68f879e"><span class="__cf_email__" data-cfemail="ed818c9f9f94c39f888989ad83828c8cc38a829b">[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, 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.
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 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 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 latitude (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. This closure
action applies to the Gulf of Maine area.
Angling Category Trophy Bluefin Tuna Gulf of Maine Fishery Closure
Based on landings data from the NMFS Automated Catch Reporting
System, as well as average catch rates and anticipated fishing
conditions, NMFS projects the Angling category Gulf of Maine 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 in the
Gulf of Maine area by persons aboard HMS Angling and HMS Charter/
Headboat permitted vessels (when fishing recreationally) must cease at
11:30 p.m. local time on July 31, 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 Maine area trophy BFT subquota. NMFS
previously closed the 2024 trophy BFT fishery in the southern area on
February 9, 2024 (89 FR 10007, February 13, 2024), in the southern New
England area on May 2, 2024 (89 FR 37139, May 6, 2024), and in the Gulf
of Mexico area on May 29, 2023 (89 FR 47105, May 31, 2024). Therefore,
with this closure of the Gulf of Maine area trophy BFT fishery, the
Angling category trophy BFT fishery will be closed in all areas for
2024.
[[Page 62667]]
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 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.).
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 the most
recent landings information, the Angling category Gulf of Maine area
trophy BFT 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 Maine 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 and closure
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: July 29, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-17000 Filed 7-30-24; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 1, 2024.
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