[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Rules and Regulations]
[Pages 5436-5437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01724]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XD658]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category January Through March 
Fishery for 2024

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 January through March 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 or greater) when open. This action applies to Atlantic Tunas 
General category (commercial) permitted vessels and highly migratory 
species (HMS) Charter/Headboat permitted vessels with a commercial sale 
endorsement when fishing commercially for BFT. On June 1, 2024, the 
fishery will reopen automatically.

DATES: Effective 11:30 p.m., local time, January 26, 2024, through 
March 31, 2024.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected], 
or Ann Williamson, [email protected], 301-427-8503.

SUPPLEMENTARY INFORMATION: BFT fisheries are managed under the 2006 
Consolidated HMS Fishery Management Plan (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 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 2006 Consolidated 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.
    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 current baseline quota for the General 
category is 710.7 mt. The General category may only retain, possess, or 
land large medium and giant (i.e., measuring 73 inches (185 cm) curved 
fork length or greater) when open as specified at Sec.  635.27(a)(1). 
The General category baseline quota is suballocated to different time 
periods. Relevant to this action, the baseline subquota for the January 
through March time period is 37.7 mt. As a result of a prior 
adjustment, the adjusted subquota for the January through March time 
period is 58.2 mt (89 FR 3361, January 18, 2024).
    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 notice for that 
category until the opening of the relevant subsequent quota period or 
until such date as specified.

Closure of the January Through March 2024 General Category Fishery

    To date, reported landings for the General category January through 
March time period total 52.5 mt. Based on

[[Page 5437]]

these landings, NMFS has determined that the adjusted January through 
March time period subquota of 58.2 mt is projected to be reached and 
exceeded shortly. Therefore, retaining, possessing, or landing large 
medium or giant (i.e., measuring 73 inches (185 cm) curved fork length 
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 
January 26, 2024. 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). The General category will automatically reopen June 
1, 2024, for the June through August time period.
    During a 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 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 as specified at Sec.  635.5(b)(2)(i). 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 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 https://www.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.).
    After the fishery reopens on June 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 https://www.hmspermits.noaa.gov, for updates on quota monitoring and inseason 
adjustments.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and 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 and 
opportunity to provide comment on this action, as notice and comment 
would be 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 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 landings information, the available 
time period subquota is projected to be reached shortly. Delaying this 
action could result in BFT landings exceeding the adjusted January 
through March time period subquota and reduce the opportunity for U.S. 
fishing vessels to harvest quota later in the year. Taking this action 
does not raise conservation or 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 criteria.
    For all of the above reasons, the AA also finds that pursuant to 5 
U.S.C. 553(d), 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: January 24, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-01724 Filed 1-25-24; 4:15 pm]
BILLING CODE 3510-22-P