Rule2025-18218
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category September 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
September 19, 2025
Effective
September 18, 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 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 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 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 the catch-and-release and tag-and-release programs. On October 1, 2025, the fishery will reopen automatically and previously scheduled RFDs for October will resume.
Full Text
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<title>Federal Register, Volume 90 Issue 180 (Friday, September 19, 2025)</title>
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[Federal Register Volume 90, Number 180 (Friday, September 19, 2025)]
[Rules and Regulations]
[Pages 45152-45154]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18218]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XF137]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category September 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 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 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 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
the catch-and-release and tag-and-release programs. On October 1, 2025,
the fishery will reopen automatically and previously scheduled RFDs for
October will resume.
DATES: Effective 11:30 p.m., local time, September 18, 2025, through
September 30, 2025.
[[Page 45153]]
FOR FURTHER INFORMATION CONTACT: Aiman Raza, <a href="/cdn-cgi/l/email-protection#42232b2f232c6c30233823022c2d23236c252d34"><span class="__cf_email__" data-cfemail="89e8e0e4e8e7a7fbe8f3e8c9e7e6e8e8a7eee6ff">[email protected]</span></a>, or
Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#6c000d1e1e15421e0908082c02030d0d420b031a"><span class="__cf_email__" data-cfemail="630f0211111a4d11060707230d0c02024d040c15">[email protected]</span></a>, by email or phone at 301-427-
8503.
SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the
2006 Consolidated HMS 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.). 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 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.
Closure of the September 2025 BFT General Category Fishery
To date, reported landings for the BFT General category September
time period total 98.5 mt. As described above, the baseline subquota
for the September time period is 188.3 mt. However, landings estimates
from 2024 indicate that the General, Harpoon, and Angling category
quotas were exceeded. Additionally, the 2025 General category January
through March time period subquota was exceeded. Thus, under Sec.
635.27(a)(9) and consistent with ICCAT requirements, in order to ensure
the overall U.S. quota is not exceeded, NMFS expects to take action
later this year to reduce the various category quotas consistent with
the estimated overharvest. While that action is not yet final, NMFS
must still consider the implications of reduced quotas for various
categories, including the General category. If both the 2024 and 2025
U.S. adjusted quotas are exceeded, under ICCAT requirements, the United
States could be required to pay back 125 percent of the second year's
(2025) overharvest in 2026.
Based on that consideration and the current landings data, as well
as average catch rates and anticipated fishing conditions, NMFS has
determined that the September time period subquota 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 18, 2025.
Pursuant to Executive Order 14276, ``Restoring American Seafood
Competitiveness,'' (April 17, 2025), NMFS is making prudent efforts to
identify strategies to expand fishing opportunities within the
requirements of the Magnuson-Stevens Act. Should NMFS determine that
reasonable fishing opportunities are available at a later date, NMFS
may reopen the September fishery. The BFT General category will
automatically reopen October 1, 2025, 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 Tuesday, Friday, and
Saturday from July 1 through November 30 of each year. 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
Tuesday, Friday, and Saturday) will resume on October 1, 2025.
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 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 category and HMS Charter/Headboat
permitted 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/home">https://hmspermits.noaa.gov/home</a>, using the HMS Catch Reporting app, or calling
888-872-8862 (Monday through Friday from 8 a.m. until 4:30 p.m. Eastern
Time).
After the fishery reopens on October 1, 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 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/home">https://hmspermits.noaa.gov/home</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
[[Page 45154]]
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 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 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 2025
September subquota is projected to be reached shortly. Delaying this
action could result in BFT landings that exceed the final 2025 General
category quota, which may result in future potential quota reductions
for other BFT categories or the General category quota, depending on
the magnitude of a potential September subquota overharvest. 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: September 17, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2025-18218 Filed 9-17-25; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 19, 2025.
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