[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Rules and Regulations]
[Pages 63109-63110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17107]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XE138]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the Harpoon Category 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 Harpoon category fishery for large medium and 
giant (i.e., measuring 73 inches (185 cm) curved fork length (CFL) or 
greater) Atlantic bluefin tuna (BFT) for the remainder of the 2024 
fishing year. This closure applies to Atlantic Tunas Harpoon category 
permitted vessels.

DATES: Effective 11:30 p.m., local time, July 31, 2024, through 
December 31, 2024.

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

SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the 
2006 Consolidated Highly Migratory Species (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(a) 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.
    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.
    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 Harpoon category baseline quota is 59.2 mt. 
Effective July 15, 2024, NMFS transferred 10.8 mt from the Reserve 
category to the Harpoon category, resulting in an adjusted quota of 
70.0 mt for the Harpoon category and 27.4 mt for the Reserve category 
(89 FR 58074, July 17, 2024). As described under Sec.  635.27(a)(4), 
the Harpoon category quota is only available between June 1 and 
November 15 of each year.

Harpoon Category Closure

    To date, reported landings for the Harpoon category total 
approximately 74.5 mt. Based on these landings data, as well as average 
catch rates and anticipated fishing conditions, NMFS has determined 
that the adjusted quota of 70 mt has been reached and exceeded, and 
that the Harpoon category should be closed. Therefore, retaining, 
possessing, or landing large medium or giant (i.e., measuring 73 inches 
(185 cm) CFL or greater) BFT by persons aboard vessels permitted in the 
Harpoon category must cease at 11:30 p.m. local time on July 31, 2024. 
The Harpoon category BFT fishery will be

[[Page 63110]]

closed for the remainder of the Harpoon category season, which ends 
November 15, 2024, and thus for the year. The Harpoon category will 
reopen automatically on June 1, 2025, for the 2025 fishing season. This 
action applies to Atlantic Tunas Harpoon category (commercial) 
permitted vessels, and is taken consistent with the regulations at 
Sec.  635.28(a)(1).

Monitoring and Reporting

    NMFS will continue to monitor the BFT fisheries closely. Per Sec.  
635.5(b)(2)(i)(A), 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 adjustments, as well as closures, and may result in 
enforcement actions. Additionally, and separate from the dealer-
reporting requirement, Harpoon category vessel owners are required per 
Sec.  635.5(a)(4) to report their own catch of all BFT retained or 
discarded dead within 24 hours of the landing(s) or end of each trip, 
by accessing https://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 access https://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 (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 the most 
recent landings information, the available quota for the category has 
been reached. Delaying this action could result in further BFT landings 
which exceed the Harpoon category quota, which may result in future 
potential quota reductions for other BFT categories, depending on the 
magnitude of a potential Harpoon category overharvest. 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 and closure 
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: July 30, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-17107 Filed 7-30-24; 4:15 pm]
BILLING CODE 3510-22-P