[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Rules and Regulations]
[Pages 55507-55508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22601]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RIN 0648-XT026
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
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 Atlantic bluefin tuna (BFT) General category
fishery for the October through November subquota period until the
General category reopens on December 1, 2019. The intent of this
closure is to prevent overharvest of the adjusted October through
November subquota.
DATES: Effective 11:30 p.m., local time, October 13, 2019, through
November 30, 2019.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Nicholas
Velseboer, 978-281-9260, or Larry Redd, 301-427-8503.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by
persons and vessels subject to U.S. jurisdiction are found at 50 CFR
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by
the International Commission for the Conservation of Atlantic Tunas
(ICCAT) among the various domestic fishing categories, per the
allocations established in the 2006 Consolidated Highly Migratory
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR
58058, October 2, 2006) and amendments.
NMFS is required, under regulations at Sec. 635.28(a)(1), to file
a closure notice for publication with the Office of the Federal
Register when a BFT quota (or subquota) is reached or is projected to
be reached. On and after the effective date and time of such
notification, for the remainder of the fishing year or for a specified
period as indicated in the notification, retaining, possessing, or
landing BFT under that quota category is prohibited until the opening
of the subsequent quota period or until such date as specified in the
notice.
The current baseline General category quota is 555.7 mt. See Sec.
635.27(a). Each of the General category time periods (January, June
through August, September, October through November, and December) is
allocated a ``subquota'' or portion of the annual General category
quota. The baseline subquotas for each time period are as follows: 29.5
mt for January; 277.9 mt for June through August; 147.3 mt for
September; 72.2 mt for October through November; and 28.9 mt for
December. Any unused General category quota rolls forward within the
fishing year, which coincides with the calendar year, from one time
period to the next, and is available for use in subsequent time
periods. To date for 2019, NMFS has taken seven actions that resulted
in adjustments to the Reserve category, leaving 65.3 mt of quota
currently available (84 FR 3724, February 13, 2019; 84 FR 6701,
February 28, 2019; 84 FR 35340, July 23, 2019; 84 FR 47440, September
10, 2019; 84 FR 48566, September 16, 2019; and 84 FR 52806, October 3,
2019).
Closure of the October Through November 2019 General Category Fishery
NMFS previously adjusted the subquota for the October through
November time period to 172.2 mt (84 FR 52806, October 3, 2019). Based
on the best available bluefin tuna General category landings
information (i.e., 147.5 mt landed as of October 10, 2019) as well as
average catch rates and anticipated fishing conditions, NMFS projects
that the adjusted General category October through November subquota
will be reached by October 13, 2019, and that the fishery should be
closed. Through this action, we are closing the General category
bluefin tuna fishery effective 11:30 p.m., October 13, 2019, through
November 30, 2019. Therefore, retaining, possessing, or landing large
medium or giant BFT by persons aboard vessels permitted in the Atlantic
tunas General and HMS Charter/Headboat categories must cease at 11:30
p.m. local time on October 13, 2019. The General category will reopen
automatically on December 1, 2019, for the December 2019 subquota
period. This action applies to those vessels permitted in the General
category, as well as to those HMS Charter/Headboat permitted vessels
with a commercial sale endorsement when fishing commercially for BFT.
For information regarding the HMS Charter/Headboat commercial sale
endorsement, see 82 FR 57543, December 6, 2017. The intent of this
closure is to prevent overharvest of the available General category
October through November BFT subquota.
Fishermen may 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 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 www.nmfs.noaa.gov/sfa/hms/.
Although NMFS previously adjusted the quota for the December 2019
subquota period to 9.4 mt in an inseason
[[Page 55508]]
quota transfer to the January 2019 subquota period, NMFS would consider
a potential quota transfer from the Reserve to the General category for
the December subquota period, prior to December 1, after reviewing the
best available 2019 landings information to date.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. 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 adjustment,
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
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 action (e.g., quota adjustment,
daily retention limit adjustment, or closure) is 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 call the Atlantic Tunas
Information Line at (978) 281-9260, or access hmspermits.noaa.gov, for
updates on quota monitoring and inseason adjustments.
Classification
The Assistant Administrator for NMFS (AA) finds that 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:
The regulations implementing the 2006 Consolidated HMS FMP and
amendments provide for inseason quota transfers 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. These fisheries are currently underway
and the currently available quota for the subcategory is projected to
be reached shortly. Affording prior notice and opportunity for public
comment to implement the quota transfer is impracticable and contrary
to the public interest as such a delay would likely result in
exceedance of the General category October through November fishery
subquota or earlier closure of the fishery while fish are available on
the fishing grounds. Subquota exceedance may result in the need to
reduce quota for the General category later in the year and thus could
affect later fishing opportunities. Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for
public comment. For all of the above reasons, there also is good cause
under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
This action is being taken under Sec. Sec. 635.27(a)(9) and
635.28(a)(1), and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: October 10, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-22601 Filed 10-11-19; 4:15 pm]
BILLING CODE 3510-22-P