Rule2024-17107
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Harpoon Category 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 2, 2024
Effective
July 31, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the Harpoon category fishery for large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length (CFL) or greater) Atlantic bluefin tuna (BFT) for the remainder of the 2024 fishing year. This closure applies to Atlantic Tunas Harpoon category permitted vessels.
Full Text
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<title>Federal Register, Volume 89 Issue 149 (Friday, August 2, 2024)</title>
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[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Rules and Regulations]
[Pages 63109-63110]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17107]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XE138]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the Harpoon Category 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 Harpoon category fishery for large medium and
giant (i.e., measuring 73 inches (185 cm) curved fork length (CFL) or
greater) Atlantic bluefin tuna (BFT) for the remainder of the 2024
fishing year. This closure applies to Atlantic Tunas Harpoon category
permitted vessels.
DATES: Effective 11:30 p.m., local time, July 31, 2024, through
December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Becky Curtis, <a href="/cdn-cgi/l/email-protection#4e2c2b2d2537602d3b3c3a273d0e20212f2f60292138"><span class="__cf_email__" data-cfemail="d4b6b1b7bfadfab7a1a6a0bda794babbb5b5fab3bba2">[email protected]</span></a>,
or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#513d302323287f23343535113f3e30307f363e27"><span class="__cf_email__" data-cfemail="25494457575c0b57404141654b4a44440b424a53">[email protected]</span></a>, 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the
2006 Consolidated Highly Migratory Species (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(a) 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 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.
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 Harpoon category baseline quota is 59.2 mt.
Effective July 15, 2024, NMFS transferred 10.8 mt from the Reserve
category to the Harpoon category, resulting in an adjusted quota of
70.0 mt for the Harpoon category and 27.4 mt for the Reserve category
(89 FR 58074, July 17, 2024). As described under Sec. 635.27(a)(4),
the Harpoon category quota is only available between June 1 and
November 15 of each year.
Harpoon Category Closure
To date, reported landings for the Harpoon category total
approximately 74.5 mt. Based on these landings data, as well as average
catch rates and anticipated fishing conditions, NMFS has determined
that the adjusted quota of 70 mt has been reached and exceeded, and
that the Harpoon category should be closed. Therefore, retaining,
possessing, or landing large medium or giant (i.e., measuring 73 inches
(185 cm) CFL or greater) BFT by persons aboard vessels permitted in the
Harpoon category must cease at 11:30 p.m. local time on July 31, 2024.
The Harpoon category BFT fishery will be
[[Page 63110]]
closed for the remainder of the Harpoon category season, which ends
November 15, 2024, and thus for the year. The Harpoon category will
reopen automatically on June 1, 2025, for the 2025 fishing season. This
action applies to Atlantic Tunas Harpoon category (commercial)
permitted vessels, and is taken consistent with the regulations at
Sec. 635.28(a)(1).
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries closely. Per Sec.
635.5(b)(2)(i)(A), dealers are required to submit landing reports
within 24 hours of a dealer receiving BFT. 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, Harpoon category vessel owners are required per
Sec. 635.5(a)(4) to report their own 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.).
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. If
needed, subsequent adjustments will be published in the Federal
Register. In addition, fishermen may access <a href="https://hmspermits.noaa.gov">https://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 (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 available quota for the category has
been reached. Delaying this action could result in further BFT landings
which exceed the Harpoon category quota, which may result in future
potential quota reductions for other BFT categories, depending on the
magnitude of a potential Harpoon category overharvest. 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 30, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-17107 Filed 7-30-24; 4:15 pm]
BILLING CODE 3510-22-P
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