Rule2024-20994
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category September 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
September 16, 2024
Effective
September 12, 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 September 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 (CFL) or greater) BFT when open. This action applies to Atlantic Tunas General category (commercial) permitted vessels and Atlantic highly migratory species (HMS) Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT. This action also waives the previously scheduled restricted-fishing days (RFDs) for the remainder of the September time period. With the RFDs waived during the 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 catch-and-release and tag-and-release programs. On October 1, 2024, the fishery will reopen automatically and previously scheduled RFDs for October will resume.
Full Text
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<title>Federal Register, Volume 89 Issue 179 (Monday, September 16, 2024)</title>
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[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Rules and Regulations]
[Pages 75504-75505]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-20994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XE277]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category September 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 September 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
(CFL) or greater) BFT when open. This action applies to Atlantic Tunas
General category (commercial) permitted vessels and Atlantic highly
migratory species (HMS) Charter/Headboat permitted vessels with a
commercial sale endorsement when fishing commercially for BFT. This
action also waives the previously scheduled restricted-fishing days
(RFDs) for the remainder of the September time period. With the RFDs
waived during the 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 catch-and-release and
tag-and-release programs. On October 1, 2024, the fishery will reopen
automatically and previously scheduled RFDs for October will resume.
DATES: Effective 11:30 p.m., local time, September 12, 2024, through
September 30, 2024.
FOR FURTHER INFORMATION CONTACT: Ann Williamson,
<a href="/cdn-cgi/l/email-protection#fc9d9292d28b959090959d918f9392bc92939d9dd29b938a"><span class="__cf_email__" data-cfemail="58393636762f3134343139352b37361836373939763f372e">[email protected]</span></a>, or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#82eee3f0f0fbacf0e7e6e6c2ecede3e3ace5edf4"><span class="__cf_email__" data-cfemail="eb878a999992c5998e8f8fab85848a8ac58c849d">[email protected]</span></a>, 301-
427-8503.
SUPPLEMENTARY INFORMATION: Atlantic 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(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 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 action for that
category until the opening of the relevant 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 General category baseline quota is 710.7 mt.
The General category baseline quota is suballocated to time periods.
Relevant to this action, the baseline subquota for the September time
period is 188.3 mt.
[[Page 75505]]
Closure of the September 2024 BFT General Category Fishery
To date, reported landings for the BFT General category September
time period total 98.5 mt. Based on these landings data, including
average daily catch rates, as well as anticipated favorable fishing
conditions in the coming days, NMFS has determined that the adjusted
September time period subquota of 188.3 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) CFL 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 September
12, 2024. The BFT General category will automatically reopen October 1,
2024, for the October through November time period. 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).
Waiver for Remaining September RFDs
On May 31, 2024 (89 FR 47095), NMFS published a final rule, which
among other things, implemented RFDs every Sunday, Tuesday, Friday, and
Saturday from July 1 through November 30, 2024. Since the fishery will
be closed for the remainder of the September time period, NMFS has
decided to waive the previously scheduled RFDs for the remainder of
that time period. Previously scheduled RFDs (i.e., every Sunday,
Tuesday, Friday, and Saturday) will resume on October 1, 2024.
With the RFDs waived during a closure, consistent with Sec.
635.23(a)(7), 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 described 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. 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, General and HMS Charter/Headboat 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.).
After the fishery reopens on October 1, depending on the level of
fishing effort and catch rates of BFT at that time, 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://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 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 the most
recent landings information, the available time period subquota is
projected to be reached shortly. Delaying this action could result in
BFT landings that exceed the September time period subquota, which may
result in future potential quota reductions for other BFT categories,
depending on the magnitude of a potential 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
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: September 11, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-20994 Filed 9-11-24; 4:15 pm]
BILLING CODE 3510-22-P
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