Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 7302-7303 [2019-03816]
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7302
Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02]
RIN 0648–XG810
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure of the
General category January fishery for
2019.
AGENCY:
NMFS closes the General
category fishery for large medium and
giant (i.e., measuring 73 inches curved
fork length or greater) Atlantic bluefin
tuna (BFT) for the January subquota
time period and thus until the General
category reopens on June 1, 2019. The
intent of this closure is to prevent
overharvest of the available General
category January 2019 BFT subquota of
100 metric tons (mt).
DATES: Effective 11:30 p.m., local time,
February 28, 2019, through May 31,
2019.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Uriah Forest-Bulley, 978–675–2154,
Sarah McLaughlin, 978–281–9260, or
Larry Redd, 301–420–8503.
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
§ 635.28(a)(1), to file 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. On and after the effective
date and time of such notification, for
the remainder of the fishing year or for
VerDate Sep<11>2014
16:21 Mar 01, 2019
Jkt 247001
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 base quota for the General
category is 555.7 mt. See § 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. Although it is called the
‘‘January’’ subquota, the regulations
allow the General category fishery under
this quota to continue until the
subquota is reached or March 31,
whichever comes first. 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 from one time period to
the next and is available for use in
subsequent time periods within the
fishing year. Effective January 1, 2019,
NMFS transferred 19.5 mt of the 28.9mt General category quota allocated for
the December 2019 period to the
January 2019 period, resulting in an
adjusted subquota of 49 mt for the
January period and a subquota of 9.4 mt
for the December 2019 period (83 FR
67140, December 28, 2018). Effective
February 8, 2019, NMFS transferred 26
mt from the Reserve category to the
General category January 2019 subquota
period, resulting in an adjusted
subquota of 75 mt for the January period
and 3.5 mt for the Reserve category (84
FR 3724, February 13, 2019). Effective
February 25, 2019, NMFS transferred an
additional 25 mt from the Reserve
category to the General category, in the
same notice as NMFS made the annual
reallocation of Purse Seine category
quota to the Reserve category, resulting
in an adjusted subquota of 100 mt for
the General category 2019 January
subquota period and 143 mt for the
Reserve category (FR document 2019–
03554 filed for public inspection,
February 25, 2019).
Based on the best available landings
information for the General category
BFT fishery, NMFS has determined that
the adjusted General category January
2019 subquota of 100 mt has been
reached (i.e., as of February 27, reported
landings total approximately 97 mt) and
that the General category fishery should
be closed. Therefore, retaining,
possessing, or landing large medium or
giant BFT by persons aboard vessels
permitted in the Atlantic tunas General
category and the HMS Charter/Headboat
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
category (while fishing commercially)
must cease at 11:30 p.m. local time on
February 28, 2019. The General category
will reopen automatically on June 1,
2019, for the June through August 2019.
This action applies to Atlantic tunas
General category (commercial)
permitted vessels and HMS Charter/
Headboat category permitted vessels
with a commercial sale endorsement
when fishing commercially for BFT and
is taken consistent with the regulations
at § 635.28(a)(1). The intent of this
closure is to prevent overharvest of the
available January subquota.
Fishermen may catch and release (or
tag and release) BFT of all sizes, subject
to the requirements of the catch-andrelease and tag-and-release programs at
§ 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
§ 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-catchand-release-brochure/.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fisheries 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
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 call the Atlantic Tunas Information
E:\FR\FM\04MRR1.SGM
04MRR1
Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations
Line at (978) 281–9260, or access
hmspermits.noaa.gov, for updates on
quota monitoring and inseason
adjustments.
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
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
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. These fisheries are
currently underway and delaying this
action would be contrary to the public
interest as it could result in BFT
landings further exceeding the January
subquota, which could 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 is good cause under 5 U.S.C.
553(d) to waive the 30-day delay in
effectiveness.
This action is being taken under
§ 635.28(a)(1) (BFT fishery closures),
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: February 27, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–03816 Filed 2–27–19; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170816769–8162–02]
RIN 0648–XG845
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Greater Than or Equal
to 50 Feet Length Overall Using Hookand-Line Gear in the Central
Regulatory Area of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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16:21 Mar 01, 2019
Jkt 247001
NMFS is prohibiting directed
fishing for Pacific cod by catcher vessels
greater than or equal to 50 feet length
overall (LOA) using hook-and-line gear
in the Central Regulatory Area of the
Gulf of Alaska (GOA). This action is
necessary to prevent exceeding the A
season allowance of the 2019 Pacific
cod total allowable catch apportioned to
catcher vessels greater than or equal to
50 feet LOA using hook-and-line gear in
the Central Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), February 27, 2019,
through 1200 hours, A.l.t., June 10,
2019.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Josh
Keaton, 907–586–7228.
NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
The A season allowance of the 2019
Pacific cod total allowable catch (TAC)
apportioned to catcher vessels greater
than or equal to 50 feet LOA using hookand-line gear in the Central Regulatory
Area of the GOA is 319 metric tons (mt),
as established by the final 2018 and
2019 harvest specifications for
groundfish of the GOA (83 FR 8768,
March 1, 2018).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator) has
determined that the A season allowance
of the 2019 Pacific cod TAC
apportioned to catcher vessels greater
than or equal to 50 feet LOA using hookand-line gear in the Central Regulatory
Area of the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 259 mt and is setting aside
the remaining 60 mt as bycatch to
support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00043
Fmt 4700
Sfmt 9990
7303
Consequently, NMFS is prohibiting
directed fishing for Pacific cod by
catcher vessels greater than or equal to
50 feet LOA using hook-and-line gear in
the Central Regulatory Area of the GOA.
While this closure is effective the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the directed fishing closure of
Pacific cod by catcher vessels greater
than or equal to 50 feet LOA using hookand-line gear in the Central Regulatory
Area of the GOA. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of February 26, 2019.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 27, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–03813 Filed 2–27–19; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\04MRR1.SGM
04MRR1
Agencies
[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7302-7303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03816]
[[Page 7302]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RIN 0648-XG810
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 of the General category January fishery
for 2019.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the General category fishery for large medium and
giant (i.e., measuring 73 inches curved fork length or greater)
Atlantic bluefin tuna (BFT) for the January subquota time period and
thus until the General category reopens on June 1, 2019. The intent of
this closure is to prevent overharvest of the available General
category January 2019 BFT subquota of 100 metric tons (mt).
DATES: Effective 11:30 p.m., local time, February 28, 2019, through May
31, 2019.
FOR FURTHER INFORMATION CONTACT: Uriah Forest-Bulley, 978-675-2154,
Sarah McLaughlin, 978-281-9260, or Larry Redd, 301-420-8503.
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 Sec. 635.28(a)(1), to file 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. 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 base quota for the General category 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.
Although it is called the ``January'' subquota, the regulations allow
the General category fishery under this quota to continue until the
subquota is reached or March 31, whichever comes first. 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 from one time period to the next and is
available for use in subsequent time periods within the fishing year.
Effective January 1, 2019, NMFS transferred 19.5 mt of the 28.9-mt
General category quota allocated for the December 2019 period to the
January 2019 period, resulting in an adjusted subquota of 49 mt for the
January period and a subquota of 9.4 mt for the December 2019 period
(83 FR 67140, December 28, 2018). Effective February 8, 2019, NMFS
transferred 26 mt from the Reserve category to the General category
January 2019 subquota period, resulting in an adjusted subquota of 75
mt for the January period and 3.5 mt for the Reserve category (84 FR
3724, February 13, 2019). Effective February 25, 2019, NMFS transferred
an additional 25 mt from the Reserve category to the General category,
in the same notice as NMFS made the annual reallocation of Purse Seine
category quota to the Reserve category, resulting in an adjusted
subquota of 100 mt for the General category 2019 January subquota
period and 143 mt for the Reserve category (FR document 2019-03554
filed for public inspection, February 25, 2019).
Based on the best available landings information for the General
category BFT fishery, NMFS has determined that the adjusted General
category January 2019 subquota of 100 mt has been reached (i.e., as of
February 27, reported landings total approximately 97 mt) and that the
General category fishery should be closed. Therefore, retaining,
possessing, or landing large medium or giant BFT by persons aboard
vessels permitted in the Atlantic tunas General category and the HMS
Charter/Headboat category (while fishing commercially) must cease at
11:30 p.m. local time on February 28, 2019. The General category will
reopen automatically on June 1, 2019, for the June through August 2019.
This action applies to Atlantic tunas General category (commercial)
permitted vessels and HMS Charter/Headboat category 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). The
intent of this closure is to prevent overharvest of the available
January 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 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. 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 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 call the Atlantic Tunas
Information
[[Page 7303]]
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 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. These fisheries are currently
underway and delaying this action would be contrary to the public
interest as it could result in BFT landings further exceeding the
January subquota, which could 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 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. 635.28(a)(1) (BFT fishery
closures), and is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: February 27, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-03816 Filed 2-27-19; 4:15 pm]
BILLING CODE 3510-22-P