[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Rules and Regulations]
[Pages 25707-25708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11609]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RIN 0648-XG950
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
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SUMMARY: NMFS closes the Gulf of Mexico Angling category incidental
fishery for large medium and giant (``trophy'' (i.e., measuring 73
inches curved fork length or greater)) Atlantic bluefin tuna (BFT).
This action is being taken to prevent overharvest of the Angling
category Gulf of Mexico trophy BFT subquota.
DATES: Effective 11:30 p.m., local time, May 31, 2019 through December
31, 2019.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260 or
Larry Redd, 301-427-8503.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by
persons and vessels subject to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in the 2006 Consolidated Atlantic Highly
Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP)
(71 FR 58058, October 2, 2006) and amendments.
NMFS is required, under Sec. 635.28(a)(1), to file a closure
notice with the Office of the Federal Register for publication when a
BFT quota is reached or is projected to be reached. On and after the
effective date and time of such notification, for the remainder of the
fishing year or for a specified period as indicated in the
notification, retaining, possessing, or landing BFT under that quota
category is prohibited until the opening of the subsequent quota period
or until such date as specified in the notice.
Angling Category Large Medium and Giant Gulf of Mexico ``Trophy''
Fishery Closure
The 2019 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2019. The Angling category season opened January 1, 2019, and continues
through December 31, 2019. The currently codified Angling category
quota is 232.4 metric tons (mt), of which 5.3 mt is allocated for the
harvest of large medium and giant (trophy) BFT by vessels fishing under
the Angling category quota, with 1.8 mt allocated for each of the
following areas: North of 39[deg]18' N lat. (off Great Egg Inlet, NJ);
south of 39[deg]18' N lat. and outside the Gulf of Mexico (the
``southern area''); and in the Gulf of Mexico. Trophy BFT measure 73
inches (185 cm) curved fork length or greater.
Based on reported landings from the NMFS Automated Catch Reporting
System, NMFS has determined that the codified Angling category Gulf of
Mexico trophy BFT subquota of 1.8 mt has been reached and that a
closure of the Gulf of Mexico trophy BFT fishery is warranted.
Therefore, retaining, possessing, or landing large medium or giant BFT
in the Gulf of Mexico by persons aboard vessels permitted in the HMS
Angling category and the HMS Charter/Headboat category (when fishing
recreationally) must cease at 11:30 p.m. local time on May 31, 2019.
This closure will remain effective through December 31, 2019. This
action is intended to prevent overharvest of the Angling category Gulf
of Mexico trophy BFT subquota, and is taken consistent with the
regulations at Sec. 635.28(a)(1).
If needed, subsequent Angling category adjustments will be
published in the Federal Register. Information regarding the Angling
category fishery for Atlantic tunas, including daily retention limits
for BFT measuring 27 inches (68.5 cm) to less than 73 inches and any
further Angling category adjustments, is available at
hmspermits.noaa.gov or by calling (978) 281-9260. HMS Angling and HMS
Charter/Headboat category permit holders may catch and release (or 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. Anglers
are also reminded that all BFT that are released must be handled in a
manner that will maximize 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 https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure.
HMS Charter/Headboat and Angling category vessel owners are
required to report the catch of all BFT retained or discarded dead,
within 24 hours of the landing(s) or end of each trip, by accessing
hmspermits.noaa.gov, using the HMS Catch Reporting app, or calling
(888) 872-8862 (Monday through Friday from 8 a.m. until 4:30 p.m.).
Classification
The Assistant Administrator for NMFS (AA) finds that 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:
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. The closure of the Angling
category Gulf of Mexico trophy fishery is necessary to prevent
overharvest of the Gulf of Mexico trophy fishery subquota. NMFS
provides notification of closures by publishing the notice in the
Federal Register, emailing individuals who have subscribed to the
Atlantic HMS News electronic newsletter, and updating the information
posted on the Atlantic Tunas Information Line and on
hmspermits.noaa.gov.
These fisheries are currently underway, and delaying this action
would be contrary to the public interest as it could result in
excessive trophy BFT landings that may result in future potential quota
reductions for the Angling category, depending on the magnitude of a
potential Angling category overharvest. NMFS must close the Gulf of
Mexico trophy BFT fishery before additional landings of these sizes of
BFT occur. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B)
to waive prior notice and the opportunity for public comment. For all
of the above reasons, there is good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
[[Page 25708]]
This action is being taken under 50 CFR 635.28(a)(1), and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: May 30, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-11609 Filed 5-30-19; 4:15 pm]
BILLING CODE 3510-22-P