[Federal Register Volume 89, Number 164 (Friday, August 23, 2024)]
[Rules and Regulations]
[Pages 68119-68120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18972]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XE181]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category June Through August 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 June through August 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 (CFL) or greater) BFT when open. This action applies to Atlantic 
Tunas General category (commercial) permitted vessels and Atlantic 
highly migratory species (HMS) Charter/Headboat permitted vessels with 
a commercial sale endorsement when fishing commercially for BFT. This 
action also waives the previously scheduled restricted-fishing days 
(RFDs) for the remainder of the June through August time period. With 
the RFDs waived during the 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. On September 1, 2024, the 
fishery will reopen automatically and previously-scheduled RFDs for 
September will resume.

DATES: Effective 11:30 p.m., local time, August 22, 2024, through 
August 31, 2024.

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

SUPPLEMENTARY INFORMATION: Atlantic 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(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 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 action for that 
category until the opening of the relevant 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 General category baseline quota is 710.7 mt. 
The General category baseline quota is suballocated to time periods. 
Relevant to this action, the baseline subquota for the June through 
August time period is 355.4 mt.

Closure of the June Through August 2024 BFT General Category Fishery

    To date, reported landings for the BFT General category June 
through August time period total 316.1 mt. Based on these landings 
data, as well as average catch rates and anticipated fishing 
conditions, NMFS has determined that the adjusted June through August 
time period subquota of 355.4 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) CFL 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 August 22, 2024. 
The BFT General category will automatically reopen September 1, 2024, 
for the September time period. This action applies to Atlantic Tunas 
General category (commercial) permitted vessels

[[Page 68120]]

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).

Waiver for Remaining June Through August RFDs

    On May 31, 2024 (89 FR 47095), NMFS published a final rule, which 
among other things, implemented RFDs every Sunday, Tuesday, Friday, and 
Saturday from July 1 through November 30, 2024. Since the fishery will 
be closed for the remainder of the June through August time period, 
NMFS has decided to waive the previously-scheduled RFDs for the 
remainder of that time period. Previously-scheduled RFDs (i.e., every 
Sunday, Tuesday, Friday, and Saturday) will resume on September 1, 
2024.
    With the RFDs waived during a closure, consistent with Sec.  
635.23(a)(7) 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. 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, General and HMS Charter/Headboat 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.).
    After the fishery reopens on September 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://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 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 the most 
recent landings information, the available time period subquota is 
projected to be reached shortly. Delaying this action could result in 
BFT landings that exceed the June through August time period subquota, 
which may result in future potential quota reductions for other BFT 
categories, depending on the magnitude of a potential 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 
effective date.

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

    Dated: August 20, 2024.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2024-18972 Filed 8-20-24; 4:15 pm]
BILLING CODE 3510-22-P