[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Rules and Regulations]
[Pages 75504-75505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XE277]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category September 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 September 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 September 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 catch-and-release and 
tag-and-release programs. On October 1, 2024, the fishery will reopen 
automatically and previously scheduled RFDs for October will resume.

DATES: Effective 11:30 p.m., local time, September 12, 2024, through 
September 30, 2024.

FOR FURTHER INFORMATION CONTACT: Ann Williamson, 
[email protected], or Larry Redd, Jr., [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 September time 
period is 188.3 mt.

[[Page 75505]]

Closure of the September 2024 BFT General Category Fishery

    To date, reported landings for the BFT General category September 
time period total 98.5 mt. Based on these landings data, including 
average daily catch rates, as well as anticipated favorable fishing 
conditions in the coming days, NMFS has determined that the adjusted 
September time period subquota of 188.3 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 September 
12, 2024. The BFT General category will automatically reopen October 1, 
2024, for the October through November time period. 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).

Waiver for Remaining September 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 September 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 October 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 described 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 October 1, depending on the level of 
fishing effort and catch rates of BFT at that time, 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 September 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: September 11, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-20994 Filed 9-11-24; 4:15 pm]
BILLING CODE 3510-22-P