Rule2025-03549
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category January Through March Fishery for 2025
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
March 5, 2025
Effective
February 28, 2025
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 January through March 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. 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 June 1, 2025, the fishery will reopen automatically.
Full Text
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<title>Federal Register, Volume 90 Issue 42 (Wednesday, March 5, 2025)</title>
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[Federal Register Volume 90, Number 42 (Wednesday, March 5, 2025)]
[Rules and Regulations]
[Pages 11232-11233]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03549]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XE643]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category January Through March
Fishery for 2025
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 January through March 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. 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 June 1, 2025, the
fishery will reopen automatically.
DATES: Effective 11:30 p.m., local time, February 28, 2025, through
March 31, 2025.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr. <a href="/cdn-cgi/l/email-protection#701c110202095e02151414301e1f11115e171f06"><span class="__cf_email__" data-cfemail="a4c8c5d6d6dd8ad6c1c0c0e4cacbc5c58ac3cbd2">[email protected]</span></a>,
or Becky Curtis, <a href="/cdn-cgi/l/email-protection#97f5f2f4fceeb9f4e2e5e3fee4d7f9f8f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="80e2e5e3ebf9aee3f5f2f4e9f3c0eeefe1e1aee7eff6">[email protected]</span></a>, by email, or by phone at 301-
427-8503.
SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the
2006 Consolidated Highly Migratory Species Fishery Management Plan (HMS
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.). ATCA is the implementing statute for binding
recommendations of the International Commission for the Conservation of
Atlantic Tunas (ICCAT). The HMS FMP and its amendments are implemented
by regulations at 50 CFR part 635. Section 635.27(a) divides the U.S.
BFT quota, established by ICCAT and as implemented by the United States
among the various domestic fishing categories, per the allocations
established in the 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 January
through March time period is 37.7 mt. On January 13, 2025, NMFS
adjusted the January through March subquota to be 58.2 mt (90 FR 2638).
Closure of the January Through March 2025 BFT General Category Fishery
To date, reported landings for the BFT General category January
through March time period total 115.8 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 January through March time period subquota of 58.2 mt has been
reached and exceeded. 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 February
28, 2025. The BFT General category will automatically reopen June 1,
2025, for the June through August 2025 time period with a retention
limit of three large medium or giant BFT per vessel per day/trip. On
July 1, 2025, the retention limit on open days will decrease to one
large medium or giant BFT per vessel per day/trip through August 31.
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).
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 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 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
[[Page 11233]]
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. E.T.).
After the fishery reopens on June 1, depending on the level of
fishing effort and catch rates of BFT at that time, and after
consideration of all the criteria specified at Sec. 635.27(a)(7), 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), there is good cause to waive prior notice of, and an
opportunity for public comment on, this action because it is
impracticable and contrary to the public interest for the following
reasons. Specifically, the regulations implementing the 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 has
been reached and exceeded. Delaying this action could result in BFT
landings that exceed the adjusted January through March 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)(3), 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: February 28, 2025.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2025-03549 Filed 2-28-25; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 5, 2025.
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