Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 55507-55508 [2019-22601]
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Rules and Regulations
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We will publish an appropriate
amendment to 39 CFR part 111 to reflect
these changes.
Joshua J. Hofer,
Attorney, Federal Compliance.
[FR Doc. 2019–22640 Filed 10–16–19; 8:45 am]
BILLING CODE 7710–12–P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
VerDate Sep<11>2014
16:10 Oct 16, 2019
Jkt 250001
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 § 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 § 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
SUMMARY:
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Frm 00013
Fmt 4700
Sfmt 4700
55507
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-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 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
E:\FR\FM\17OCR1.SGM
17OCR1
55508
Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Rules and Regulations
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
VerDate Sep<11>2014
16:10 Oct 16, 2019
Jkt 250001
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
§§ 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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 180831813–9170–02]
RIN 0648–XY022
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels Using Pot Gear in the Central
Regulatory Area of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by vessels using
pot gear in the Central Regulatory Area
of the Gulf of Alaska (GOA). This action
is necessary to prevent exceeding the
2019 Pacific cod total allowable catch
apportioned to vessels using pot gear in
the Central Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), October 12, 2019,
through 2400 hours, A.l.t., December 31,
2019.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
SUMMARY:
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Fmt 4700
Sfmt 4700
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 2019 Pacific cod total allowable
catch (TAC) apportioned to vessels
using pot gear in the Central Regulatory
Area of the GOA is 1,583 metric tons
(mt), as established by the final 2019
and 2020 harvest specifications for
groundfish of the GOA (84 FR 9416,
March 14, 2019).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator) has
determined that the 2019 Pacific cod
TAC apportioned to vessels using pot
gear in the Central Regulatory Area of
the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 1,573 mt and is setting
aside the remaining 10 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.
Consequently, NMFS is prohibiting
directed fishing for Pacific cod by
vessels using pot 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 vessels using pot 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
E:\FR\FM\17OCR1.SGM
17OCR1
Agencies
[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.
-----------------------------------------------------------------------
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