[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Rules and Regulations]
[Pages 39978-39979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17327]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RIN 0648-XT013
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 General category June through
August fishery for 2019.
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SUMMARY: NMFS closes the General category fishery for large medium and
giant (i.e., measuring 73 inches curved fork length or greater)
Atlantic bluefin tuna (BFT) for the June through August subquota time
period until the General category reopens on September 1, 2019. The
intent of this closure is to prevent overharvest of the June through
August subquota.
DATES: Effective 11:30 p.m., local time, August 9, 2019, through August
31, 2019.
FOR FURTHER INFORMATION CONTACT: Brad McHale, 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.
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 2019 base quota for the General category is 555.7 mt. See Sec.
635.27(a). Each of the General category time periods (January, June
through August, September, October through November, and December) is
allocated a subquota or portion of the annual General category quota.
The baseline subquotas for each time period are as follows: 29.5 mt for
January; 277.9 mt for June through August; 147.3 mt for September; 72.2
mt for October through November; and 28.9 mt for December. We
previously adjusted the January subquota upwards to 100 mt through
three inseason quota transfers (83 FR 67140, December 28, 2018; 84 FR
3724, February 13, 2019; and 84 FR 6701, February 28, 2019) (although
it is called the ``January'' subquota, the regulations currently allow
landings to continue until the subquota is reached, or until March 31,
whichever comes first).
Based on the best available landings information for the General
category BFT fishery, NMFS has determined that the June through August
subquota of 277.9 mt is projected to be reached soon. As of August 6,
reported landings total approximately 246 mt, and average catch rates
are approximately 9.4 mt/day. Therefore the General category fishery
should be closed to avoid exceeding the subquota. This action applies
to Atlantic tunas General category (commercial) permitted vessels and
HMS Charter/Headboat category 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). Retaining, possessing, or
landing large medium or giant BFT by persons aboard vessels permitted
in the Atlantic tunas General category and HMS Charter/Headboat
category (while fishing commercially) must cease at 11:30 p.m. local
time on August 9, 2019. The General category will reopen automatically
on September 1, 2019, for the September 2019 subperiod. The intent of
this closure is to prevent overharvest of the June through August
subquota.
Fishermen 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. 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 https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/.
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,
General and HMS Charter/Headboat 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
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
[[Page 39979]]
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. These fisheries are currently
underway, and delaying this action would be contrary to the public
interest as it could result in BFT landings exceeding the June through
August subquota, which could result in the need to reduce quota for the
General category later in the year and thus could affect later fishing
opportunities. 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 50 CFR 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.
Dated: August 8, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-17327 Filed 8-8-19; 4:15 pm]
BILLING CODE 3510-22-P