Rule2026-19681
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category September Fishery for 2026
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 25, 2026
Effective
September 24, 2026
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 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, 2026, the fishery will reopen automatically and previously scheduled RFDs for the October through November time period will resume.
Full Text
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<title>Federal Register, Volume 91 Issue 185 (Friday, September 25, 2026)</title>
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[Federal Register Volume 91, Number 185 (Friday, September 25, 2026)]
[Rules and Regulations]
[Pages 60902-60904]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19681]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 260813-0186; RTID 0648-XG056]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category September Fishery for 2026
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 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-
[[Page 60903]]
release and tag-and-release programs. On October 1, 2026, the fishery
will reopen automatically and previously scheduled RFDs for the October
through November time period will resume.
DATES: Effective 11:30 p.m., local time, September 24, 2026, through
September 30, 2026.
FOR FURTHER INFORMATION CONTACT: Becky Curtis, <a href="/cdn-cgi/l/email-protection#147671777f6d3a776166607d67547a7b75753a737b62"><span class="__cf_email__" data-cfemail="402225232b396e233532342933002e2f21216e272f36">[email protected]</span></a>,
or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#f09c91828289de82959494b09e9f9191de979f86"><span class="__cf_email__" data-cfemail="0d616c7f7f74237f6869694d63626c6c236a627b">[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.
NMFS recently published a final rule, which among other things,
increased the BFT quota from 1,316.14 metric tons (mt) to 1,509.98 mt
(not including the 62.5 mt ICCAT allocated to the U.S. to account for
bycatch of BFT in pelagic longline fisheries in the vicinity of the
management boundary and adjacent areas) (91 FR 53526, August 19, 2026).
As described in Sec. 635.27(a), the General category baseline quota is
815.4 mt. The General category baseline quota is suballocated to time
periods. Relevant to this action, the baseline subquota for the
September time period is 216.1 mt.
Closure of the September 2026 BFT General Category Fishery
Based on reported landings to date for the BFT General category
September time period, NMFS has determined that subquota for this time
period is projected to be reached 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 24, 2026. The BFT General category will automatically
reopen October 1, 2026, for the October through November 2026 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, 2026.
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 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. E.T.).
After the fishery reopens on October 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
[[Page 60904]]
available time period subquota has been reached. Delaying this action
could result in BFT landings that further exceed the adjusted September
time period subquota, which may result in future potential quota
reductions for other BFT categories or the 2027 General category quota,
depending on the magnitude of a potential General 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)(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 23, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-19681 Filed 9-23-26; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 25, 2026.
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