Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 39208-39209 [2019-17140]

Download as PDF 39208 252.225–7017 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations [Amended] DEPARTMENT OF COMMERCE 2. Amend section 252.225–7017 by– a. Removing the clause date of ‘‘(DEC 2018)’’ and adding ‘‘(AUG 2019)’’ in its place; and ■ b. In paragraph (a), in the definition of ‘‘designated country’’ in paragraph (1), adding, in alphabetical order, the country of ‘‘Australia’’. ■ ■ 252.225–7021 [Amended] 3. Amend section 252.225–7021 by– a. In the basic clause– ■ i. Removing the clause date of ‘‘(DEC 2017)’’ and adding ‘‘(AUG 2019)’’ in its place; ■ ii. In paragraph (a), in the definition of ‘‘designated country’’ in paragraph (i), adding in alphabetical order, the country of ‘‘Australia’’; ■ b. In the Alternate II clause– ■ i. Removing the clause date of ‘‘(DEC 2017)’’ and adding ‘‘(AUG 2019)’’ in its place; and ■ ii. In paragraph (a) in the definition of ‘‘designated country’’ in paragraph (i), adding, in alphabetical order, the country of ‘‘Australia’’. ■ ■ 252.225–7045 [Amended] 3. Amend section 252.225–7045 by– a. In the basic clause– ■ i. Removing the clause date of ‘‘(SEP 2016)’’ and adding ‘‘(AUG 2019)’’ in its place; ■ ii. In paragraph (a), in the definition of ‘‘designated country’’ in paragraph (i), adding in alphabetical order, the country of ‘‘Australia’’; ■ b. In the Alternate I clause– ■ i. Removing the clause date of ‘‘(SEP 2016)’’ and adding ‘‘(AUG 2019)’’ in its place; ■ ii. In paragraph (a), in the definition of ‘‘designated country’’ in paragraph (i), adding, in alphabetical order, the country of ‘‘Australia’’; ■ c. In the Alternate II clause– ■ i. Removing the clause date of ‘‘(SEP 2016)’’ and adding ‘‘(AUG 2019)’’ in its place; ■ ii. In paragraph (a), in the definition of ‘‘designated country’’ in paragraph (i), adding, in alphabetical order the country of ‘‘Australia’’. ■ d. In the Alternate III clause– ■ i. Removing the clause date of ‘‘(SEP 2016)’’ and adding ‘‘(AUG 2019)’’ in its place; ■ ii. In paragraph (a), in the definition of ‘‘designated country’’ in paragraph (i), adding, in alphabetical order the country of ‘‘Australia’’. * * * * * ■ khammond on DSKBBV9HB2PROD with RULES ■ [FR Doc. 2019–16772 Filed 8–8–19; 8:45 am] BILLING CODE 5001–06–P VerDate Sep<11>2014 15:42 Aug 08, 2019 Jkt 247001 National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180117042–8884–02] RIN 0648–XT011 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 Harpoon category fishery for 2019. AGENCY: NMFS closes the Harpoon category fishery for large medium and giant (i.e., measuring 73 inches curved fork length or greater) Atlantic bluefin tuna (BFT) for the 2019 fishing season and thus until the Harpoon category reopens on June 1, 2020. The intent of this closure is to prevent overharvest of the available Harpoon category BFT quota of 91 metric tons (mt). DATES: Effective 11:30 p.m., local time, August 8, 2019, through December 31, 2019. SUMMARY: FOR FURTHER INFORMATION CONTACT: 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, and in accordance with implementing regulations. 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 a specified period as indicated in the PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 Harpoon category is 46 mt. See § 635.27(a). Effective July 18, 2019, NMFS transferred 30 mt from the Reserve category to the Harpoon category, resulting in an adjusted subquota of 76 mt for the Harpoon category and 113 mt for the Reserve category (84 FR 35340, July 23, 2019). Effective August 1, 2019, NMFS transferred an additional 15 mt from the Reserve category to the Harpoon category, resulting in an adjusted subquota of 91 mt for the Harpoon category and 98 mt for the Reserve category (84 FR 38143, August 6, 2019). Based on the best available landings information for the Harpoon category BFT fishery, NMFS has determined that the adjusted Harpoon category quota of 91 mt is projected to be reached (i.e., as of August 5, reported landings total approximately 83.8 mt) and that the Harpoon category fishery should be closed. Therefore, retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the Atlantic tunas Harpoon category must cease at 11:30 p.m. local time on August 8, 2019. The Harpoon category will reopen automatically on June 1, 2020, for the 2020 fishing season. This action applies to Atlantic tunas Harpoon category (commercial) permitted and is taken consistent with the regulations at § 635.28(a)(1). The intent of this closure is to prevent overharvest of the available Harpoon category quota. 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, Harpoon 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 E:\FR\FM\09AUR1.SGM 09AUR1 Federal Register / Vol. 84, No. 154 / Friday, August 9, 2019 / Rules and Regulations 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 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. This fishery is currently underway and delaying this action would be contrary to the public interest as it could result in BFT landings exceeding the Harpoon category quota. 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. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–17140 Filed 8–7–19; 8:45 am] khammond on DSKBBV9HB2PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 15:42 Aug 08, 2019 Jkt 247001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 180713633–9174–02] 0648–XY004 Fisheries of the Exclusive Economic Zone Off Alaska; ‘‘Other Rockfish’’ in the Aleutian Islands Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting retention of ‘‘other rockfish’’ in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2019 ‘‘other rockfish’’ total allowable catch (TAC) in the Aleutian Islands subarea of the BSAI has been reached. SUMMARY: Effective 1200 hours, Alaska local time (A.l.t.), August 6, 2019, through 2400 hours, A.l.t., December 31, 2019. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens 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. The 2019 ‘‘other rockfish’’ TAC in the Aleutian Islands subarea of the BSAI is 388 metric tons (mt) as established by the final 2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2019 ‘‘other rockfish’’ TAC in the Aleutian Islands subarea of the BSAI has been reached. Therefore, NMFS is requiring that ‘‘other rockfish’’ in the Aleutian Islands subarea of the BSAI be treated as prohibited species in accordance with 679.21(b). DATES: PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 39209 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 prohibiting retention of ‘‘other rockfish’’ in the Aleutian Islands subarea of the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as August 5, 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 § 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: August 6, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–17113 Filed 8–6–19; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 180713633–9174–02] [RTID 0648–XY005] Fisheries of the Exclusive Economic Zone Off Alaska; Blackspotted/ Rougheye Rockfish in the Western and Central Aleutian Districts of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting retention of blackspotted/rougheye rockfish in the Western and Central Aleutian Districts of the Bering Sea and Aleutian Islands SUMMARY: E:\FR\FM\09AUR1.SGM 09AUR1

Agencies

[Federal Register Volume 84, Number 154 (Friday, August 9, 2019)]
[Rules and Regulations]
[Pages 39208-39209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17140]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02]
RIN 0648-XT011


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 Harpoon category fishery for 
2019.

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SUMMARY: NMFS closes the Harpoon category fishery for large medium and 
giant (i.e., measuring 73 inches curved fork length or greater) 
Atlantic bluefin tuna (BFT) for the 2019 fishing season and thus until 
the Harpoon category reopens on June 1, 2020. The intent of this 
closure is to prevent overharvest of the available Harpoon category BFT 
quota of 91 metric tons (mt).

DATES: Effective 11:30 p.m., local time, August 8, 2019, through 
December 31, 2019.

FOR FURTHER INFORMATION CONTACT: 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, and in accordance with 
implementing regulations.
    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 Harpoon category is 46 mt. See Sec.  
635.27(a). Effective July 18, 2019, NMFS transferred 30 mt from the 
Reserve category to the Harpoon category, resulting in an adjusted 
subquota of 76 mt for the Harpoon category and 113 mt for the Reserve 
category (84 FR 35340, July 23, 2019). Effective August 1, 2019, NMFS 
transferred an additional 15 mt from the Reserve category to the 
Harpoon category, resulting in an adjusted subquota of 91 mt for the 
Harpoon category and 98 mt for the Reserve category (84 FR 38143, 
August 6, 2019).
    Based on the best available landings information for the Harpoon 
category BFT fishery, NMFS has determined that the adjusted Harpoon 
category quota of 91 mt is projected to be reached (i.e., as of August 
5, reported landings total approximately 83.8 mt) and that the Harpoon 
category fishery should be closed. Therefore, retaining, possessing, or 
landing large medium or giant BFT by persons aboard vessels permitted 
in the Atlantic tunas Harpoon category must cease at 11:30 p.m. local 
time on August 8, 2019. The Harpoon category will reopen automatically 
on June 1, 2020, for the 2020 fishing season. This action applies to 
Atlantic tunas Harpoon category (commercial) permitted 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 Harpoon 
category quota.

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, 
Harpoon 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

[[Page 39209]]

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 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. This fishery is currently 
underway and delaying this action would be contrary to the public 
interest as it could result in BFT landings exceeding the Harpoon 
category quota. 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.

Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-17140 Filed 8-7-19; 8:45 am]
 BILLING CODE 3510-22-P

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