Rule2024-25020
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category October Through November 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
October 28, 2024
Effective
October 24, 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 October through November 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 the fishery is 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 October through November 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 December 1, 2024, the fishery will reopen automatically.
Full Text
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<title>Federal Register, Volume 89 Issue 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85452-85453]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-25020]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193]
RTID 0648-XE334
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category October Through November
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 October through November 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 the fishery is 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
October through November 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 December 1, 2024, the fishery will reopen
automatically.
DATES: Effective 11:30 p.m., local time, October 24, 2024, through
November 30, 2024.
FOR FURTHER INFORMATION CONTACT: Becky Curtis (<a href="/cdn-cgi/l/email-protection#d2b0b7b1b9abfcb1a7a0a6bba192bcbdb3b3fcb5bda4"><span class="__cf_email__" data-cfemail="096b6c6a6270276a7c7b7d607a4967666868276e667f">[email protected]</span></a>)
and Larry Redd, Jr. (<a href="/cdn-cgi/l/email-protection#5a363b28282374283f3e3e1a34353b3b743d352c"><span class="__cf_email__" data-cfemail="533f3221212a7d21363737133d3c32327d343c25">[email protected]</span></a>) by email or by phone at 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 different time
periods. Relevant to this action, the baseline subquota for the October
through November time period is 92.4 mt. Effective October 2, 2024,
NMFS transferred 100 mt from the Reserve category to the General
category October through November time period, resulting in an adjusted
October through November time period subquota of 192.4 mt (89 FR 81032,
October 7, 2024).
[[Page 85453]]
Closure of the October Through November 2024 BFT General Category
Fishery
To date, reported landings for the BFT General category October
through November time period total 170.9 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 October through November time period subquota of
192.4 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 October 24, 2024. The BFT General
category will automatically reopen December 1, 2024, for the December
time period with a retention limit of one large medium or giant BFT per
vessel per day/trip. 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 October Through November RFDs
On May 31, 2024 (89 FR 47095), NMFS published a final rule that,
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 October through November time
period, NMFS has decided to waive the previously-scheduled RFDs for the
remainder of that time period.
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(a). 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 December 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 October through November 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: October 23, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-25020 Filed 10-23-24; 4:15 pm]
BILLING CODE 3510-22-P
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