[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Rules and Regulations]
[Pages 39208-39209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17140]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RIN 0648-XT011
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure of the Harpoon category fishery for
2019.
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SUMMARY: NMFS closes the Harpoon category fishery for large medium and
giant (i.e., measuring 73 inches curved fork length or greater)
Atlantic bluefin tuna (BFT) for the 2019 fishing season and thus until
the Harpoon category reopens on June 1, 2020. The intent of this
closure is to prevent overharvest of the available Harpoon category BFT
quota of 91 metric tons (mt).
DATES: Effective 11:30 p.m., local time, August 8, 2019, through
December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260, or
Larry Redd, 301-420-8503.
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 Highly Migratory
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR
58058, October 2, 2006) and amendments, and in accordance with
implementing regulations.
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 (or subquota) 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.
The base quota for the Harpoon category is 46 mt. See Sec.
635.27(a). Effective July 18, 2019, NMFS transferred 30 mt from the
Reserve category to the Harpoon category, resulting in an adjusted
subquota of 76 mt for the Harpoon category and 113 mt for the Reserve
category (84 FR 35340, July 23, 2019). Effective August 1, 2019, NMFS
transferred an additional 15 mt from the Reserve category to the
Harpoon category, resulting in an adjusted subquota of 91 mt for the
Harpoon category and 98 mt for the Reserve category (84 FR 38143,
August 6, 2019).
Based on the best available landings information for the Harpoon
category BFT fishery, NMFS has determined that the adjusted Harpoon
category quota of 91 mt is projected to be reached (i.e., as of August
5, reported landings total approximately 83.8 mt) and that the Harpoon
category fishery should be closed. Therefore, retaining, possessing, or
landing large medium or giant BFT by persons aboard vessels permitted
in the Atlantic tunas Harpoon category must cease at 11:30 p.m. local
time on August 8, 2019. The Harpoon category will reopen automatically
on June 1, 2020, for the 2020 fishing season. This action applies to
Atlantic tunas Harpoon category (commercial) permitted and is taken
consistent with the regulations at Sec. 635.28(a)(1). The intent of
this closure is to prevent overharvest of the available Harpoon
category quota.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries closely. 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 adjustment,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
Harpoon 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.).
Depending on the level of fishing effort and catch rates of BFT,
NMFS may determine that additional adjustments are necessary to ensure
[[Page 39209]]
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 call the Atlantic Tunas
Information Line at (978) 281-9260, or access hmspermits.noaa.gov, for
updates on quota monitoring and inseason adjustments.
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. This fishery is currently
underway and delaying this action would be contrary to the public
interest as it could result in BFT landings exceeding the Harpoon
category quota. 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.
This action is being taken under Sec. 635.28(a)(1) (BFT fishery
closures), and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-17140 Filed 8-7-19; 8:45 am]
BILLING CODE 3510-22-P