[Federal Register Volume 89, Number 88 (Monday, May 6, 2024)]
[Rules and Regulations]
[Pages 37139-37140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09782]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XD926]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the Angling Category Southern New England Area 
Trophy 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 Angling category southern area fishery for 
large medium and giant (``trophy'' (i.e., measuring 73 inches (185 
centimeters (cm)) curved fork length or greater)) Atlantic bluefin tuna 
(BFT). The southern New England area trophy fishery is defined as south 
of 42[deg] N lat. and north of 39[deg]18' N lat. This action applies to 
Highly Migratory Species (HMS) Angling and HMS Charter/Headboat 
permitted vessels when fishing recreationally.

DATES: Effective 11:30 p.m., local time, May 2, 2024, through December 
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

[[Page 37140]]

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 notice 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 
and after the effective date and time of a closure notice for that 
category, for the remainder of the fishing year, until the opening of 
the subsequent quota period or until such date as specified.
    The 2024 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual calendar-year quota, began January 1, 
2024. The Angling category season opened January 1, 2024, and continues 
through December 31, 2024. 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 Angling category baseline 
quota is 297.4 mt, of which 9.2 mt (3.1 percent of the annual Angling 
category quota) is sub-allocated for the harvest of large medium and 
giant (trophy) BFT by vessels fishing under the Angling category quota, 
with 2.3 mt (25 percent of the annual large medium and giant BFT 
Angling category quota) allocated for each of the following areas: 
North of 42[deg] N lat. (the Gulf of Maine area); south of 42[deg] N 
lat. and north of 39[deg]18' N lat. (the southern New England area); 
south of 39[deg]18' N lat., and outside of the Gulf of Mexico (the 
southern area); and the Gulf of Mexico region. Trophy BFT measure 73 
inches (185 cm) curved fork length or greater. This closure action 
applies to the southern New England area.

Angling Category Large Medium and Giant Southern New England ``Trophy'' 
Fishery Closure

    Based on landings data from the NMFS Automated Catch Reporting 
System, as well as average catch rates and anticipated fishing 
conditions, the Angling category southern New England area trophy BFT 
subquota of 2.3 mt has been reached and exceeded. Therefore, retaining, 
possessing, or landing large medium or giant (i.e., measuring 73 inches 
(185 cm) curved fork length or greater) BFT south of 42[deg] N lat. and 
north of 39[deg]18' N lat. by persons aboard HMS Angling and HMS 
Charter/Headboat permitted vessels (when fishing recreationally) must 
cease at 11:30 p.m. local time on May 2, 2024. This closure will remain 
effective through December 31, 2024. This action applies to HMS Angling 
and HMS Charter/Headboat permitted vessels when fishing recreationally 
for BFT, and is taken consistent with the regulations at Sec.  
635.28(a)(1). This action is intended to prevent further overharvest of 
the Angling category southern New England area trophy BFT subquota.
    If needed to ensure available quotas or subquotas are not exceeded 
or to enhance fishing opportunities, subsequent Angling category 
adjustments or closures will be published in the Federal Register per 
Sec. Sec.  635.27(a)(7) and 635.28(a)(1). 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 
(185 cm), and any further Angling category adjustments, is available at 
https://www.hmspermits.noaa.gov. During a closure, fishermen aboard HMS 
Angling and HMS Charter/Headboat permitted vessels when fishing 
recreationally may continue to 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 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. Per Sec.  
635.5(c)(1), HMS Angling and HMS Charter/Headboat permitted 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.).

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), 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. Specifically, the 
regulations implementing the 2006 Consolidated HMS FMP and its 
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 
opportunity to comment is impracticable and contrary to the public 
interest as this fishery is currently underway and, based on landings 
information, the Angling category southern New England area fishery 
subquota has been reached and exceeded. Delaying this action could 
result in further 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 southern New England area trophy BFT fishery before 
additional landings of these sizes of BFT occur. 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 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 
effectiveness.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: May 1, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-09782 Filed 5-1-24; 4:15 pm]
BILLING CODE 3510-22-P