Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Mexico Area Trophy Fishery for 2024, 47105-47106 [2024-11992]

Download as PDF Federal Register / Vol. 89, No. 106 / Friday, May 31, 2024 / Rules and Regulations specified in § 635.5(b)(2)(ii)(A), after 0000 local time on an RFD. * * * * * [FR Doc. 2024–11870 Filed 5–29–24; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 220919–0193; RTID 0648– XD922] Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Mexico Area Trophy Fishery for 2024 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the Angling category Gulf of Mexico area fishery for large medium and giant (‘‘trophy’’ (i.e., measuring 73 inches (185 centimeters) curved fork length or greater)) Atlantic bluefin tuna (BFT). This action applies to Highly Migratory Species (HMS) Angling and HMS Charter/Headboat permitted vessels when fishing recreationally. SUMMARY: Effective 11:30 p.m., local time, May 29, 2024, through December 31, 2024. DATES: khammond on DSKJM1Z7X2PROD with RULES FOR FURTHER INFORMATION CONTACT: Becky Curtis, becky.curtis@noaa.gov, 301–427–8503 or Larry Redd, Jr., larry.redd@noaa.gov, 301–427–8503. SUPPLEMENTARY INFORMATION: BFT fisheries are managed under the 2006 Consolidated Atlantic 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 divides the U.S. BFT quota recommended 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 VerDate Sep<11>2014 16:00 May 30, 2024 Jkt 262001 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 § 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 and after the effective date and time of a closure action for that category, for the remainder of the fishing year, until the opening of the subsequent quota period or until such date as specified. The 2024 BFT fishing year, which is managed on a calendar-year basis and subject to an annual calendar-year quota, began January 1, 2024. The Angling category season opened January 1, 2024, and continues through December 31, 2024. As described in § 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 § 635.27(a)(3)). The Angling category baseline quota is 297.4 mt, of which 9.2 mt (3.1 percent of the annual Angling category quota) is suballocated for the harvest of large medium and giant (trophy) BFT by vessels fishing under the Angling category quota, with 2.3 mt (25 percent of the annual large medium and giant BFT Angling category quota) allocated for each of the following areas: north of lat. 42° N (the Gulf of Maine area); south of lat. 42° N and north of lat. 39°18′ N (the southern New England area); south of lat. 39°18′ N, and outside of the Gulf of Mexico (the southern area); and the Gulf of Mexico region. Trophy BFT measure 73 inches (185 centimeters) curved fork length or greater. We note, when the Gulf of Mexico area trophy fishery is open, no large medium or giant BFT may be retained, possessed, landed, or sold in the Gulf of Mexico, except one per vessel per year may be landed if caught incidentally to fishing for other species as specified at § 635.23(b)(1)(i) while the fishery is open. This closure action applies to the Gulf of Mexico area. Angling Category Large Medium and Giant Gulf of Mexico ‘‘Trophy’’ Fishery Closure Based on landings data from the NMFS Automated Catch Reporting System, as well as average catch rates and anticipated fishing conditions, the Angling category Gulf of Mexico area PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 47105 trophy BFT subquota of 2.3 mt has been reached and exceeded. Therefore, retaining, possessing, or landing large medium or giant (i.e., measuring 73 inches (185 centimeters) curved fork length or greater) BFT in the Gulf of Mexico by persons aboard HMS Angling and HMS Charter/Headboat permitted vessels (when fishing recreationally) must cease at 11:30 p.m. local time on May 29, 2024. This closure will remain effective through December 31, 2024. This action applies to HMS Angling and HMS Charter/Headboat permitted vessels when fishing recreationally for BFT, and is taken consistent with the regulations at § 635.28(a)(1). This action is intended to prevent further overharvest of the Angling category Gulf of Mexico area trophy BFT subquota. If needed to ensure available quotas or subquotas are not exceeded or to enhance fishing opportunities, subsequent Angling category adjustments or closures will be published in the Federal Register per § 635.27(a)(7) and § 635.28(a)(1). Information regarding the Angling category fishery for Atlantic tunas, including daily retention limits for BFT measuring 27 inches (68.5 centimeters) to less than 73 inches (185 centimeters), and any further Angling category adjustments, is available at https:// hmspermits.noaa.gov. During a closure, fishermen aboard HMS Angling and HMS Charter/Headboat permitted vessels when fishing recreationally may continue to 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 § 635.26. All BFT that are released must be handled in a manner that will maximize 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-andeducation/careful-catch-and-releasebrochure. Monitoring and Reporting NMFS will continue to monitor the BFT fisheries closely. Per § 635.5(c)(1), HMS Angling and HMS Charter/ Headboat permitted 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 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.). E:\FR\FM\31MYR1.SGM 31MYR1 47106 Federal Register / Vol. 89, No. 106 / Friday, May 31, 2024 / Rules and Regulations Classification DEPARTMENT OF COMMERCE 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 its amendments provide for inseason 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 opportunity to comment is impracticable and contrary to the public interest as this fishery is currently underway and, based on landings information, the Angling category Gulf of Mexico area trophy fishery subquota has been reached and exceeded. Delaying this action could result in further excessive trophy BFT landings that may result in future potential quota reductions for the Angling category, depending on the magnitude of a potential Angling category overharvest. NMFS must close the Gulf of Mexico area trophy BFT fishery before additional landings of these sizes of BFT occur. 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 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 effectiveness. National Oceanic and Atmospheric Administration khammond on DSKJM1Z7X2PROD with RULES Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: May 28, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–11992 Filed 5–28–24; 4:15 pm] BILLING CODE 3510–22–P VerDate Sep<11>2014 16:00 May 30, 2024 Jkt 262001 50 CFR Part 660 [Docket No. 031125294–4091–02] RIN 0648–XD988 Fisheries Off West Coast States; the Highly Migratory Species Fishery; El Nino Pacific Loggerhead Conservation Area Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting fishing with large-mesh drift gillnet (DGN) gear (≥14 inches mesh) off the coast of southern California east of 120° W meridian from June 1, 2024, through August 31, 2024. This prohibition is based on the Assistant Administrator for Fisheries’ (AA’s) determination that El Niño conditions are occurring off the coast of southern California. This action is intended to protect Endangered Species Act-listed loggerhead sea turtles (Caretta caretta), specifically, the endangered North Pacific Ocean Distinct Population Segment. DATES: Effective 12:01 a.m. Pacific Daylight Time (PDT), June 1, 2024, through 11:59 p.m. PDT, August 31, 2024. SUMMARY: FOR FURTHER INFORMATION CONTACT: Chris Fanning, West Coast Region (WCR), NMFS, (562) 980–4198, chris.fanning@noaa.gov. SUPPLEMENTARY INFORMATION: The DGN fishery is managed under the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species (50 CFR part 660, subpart K) and occurs off the coast of California. NMFS regulations state that ‘‘No person may fish with, set, or haul back drift gillnet gear in U.S. waters of the Pacific Ocean east of the 120° W meridian from June 1 through August 31 during a forecasted, or occurring, El Niño event off the coast of southern California’’ (50 CFR 660.713(c)(2)). This area, which corresponds to the Southern California Bight (SCB), is referred to in the regulations as the ‘‘Pacific loggerhead conservation area.’’ Under 50 CFR 660.713(c)(2)(ii), the AA is to rely on information developed by NOAA offices (the Climate Prediction Center (CPC) and the West Coast Office of the Coast Watch program) to make the determination that PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 an El Niño event is forecasted or occurring off southern California. The AA is to use monthly sea surface temperature (SST) charts to determine whether there are warmer-than-normal SSTs off southern California ‘‘during the months prior to the closure months for years in which an El Niño event has been declared’’ by the CPC. Specifically, the AA is to use SST data from the second and third months prior to the month of closure. To make a determination for a closure to begin in June, the AA is using data from March and April. NMFS published these regulations to protect loggerhead sea turtles, which are listed under the Endangered Species Act. The regulations addressed a reasonable and prudent alternative (RPA) included in NMFS’ 2000 biological opinion for this fishery. The biological opinion concluded that bycatch in the DGN fishery was likely to jeopardize the continued existence of loggerhead sea turtles and, as an RPA, recommended the fishery be closed during summer months when El Niño conditions are present to avoid the likelihood of jeopardy. NMFS implemented the Pacific Loggerhead Conservation Area regulations in 2003 to address this RPA. The regulations were amended in 2007 (72 FR 31756, June 8, 2007). On May 9, 2024, the CPC issued an El Niño Advisory. Under the CPC’s El Nino/Southern Oscillation (ENSO) diagnostic system, an El Niño Advisory is issued when El Niño conditions are observed and expected to continue. In May 2024, NMFS staff reviewed the SST anomalies in the SCB during March and April of 2024, relying on SST maps available through NOAA’s Coast Watch program (for details see https://coast watch.pfeg.noaa.gov/erddap/ index.html). These maps indicated that SSTs were above normal in the SCB. NMFS concluded that a determination that El Niño conditions are occurring off southern California is warranted based on SSTs that were warmer than normal during March and April, 2024, consistent with regulations at 50 CFR 660.713(c)(2)(ii). If SSTs return to normal or below normal during a closure period, regulations at 50 CFR 660.713(c)(2)(iii) state that the AA may re-open the fishery after publishing a Federal Register notice announcing that El Niño conditions are no longer present in the SCB. The CPC report on May 9, 2024, indicates a transition from El Niño to ENSO-neutral likely in the next month. The CPC also indicates a La Niña may develop in June–August (with a 49 E:\FR\FM\31MYR1.SGM 31MYR1

Agencies

[Federal Register Volume 89, Number 106 (Friday, May 31, 2024)]
[Rules and Regulations]
[Pages 47105-47106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11992]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XD922]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the Angling Category Gulf of Mexico Area Trophy 
Fishery for 2024

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS closes the Angling category Gulf of Mexico area fishery 
for large medium and giant (``trophy'' (i.e., measuring 73 inches (185 
centimeters) curved fork length or greater)) Atlantic bluefin tuna 
(BFT). This action applies to Highly Migratory Species (HMS) Angling 
and HMS Charter/Headboat permitted vessels when fishing recreationally.

DATES: Effective 11:30 p.m., local time, May 29, 2024, through December 
31, 2024.

FOR FURTHER INFORMATION CONTACT: Becky Curtis, [email protected], 
301-427-8503 or Larry Redd, Jr., [email protected], 301-427-8503.

SUPPLEMENTARY INFORMATION: BFT fisheries are managed under the 2006 
Consolidated Atlantic 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 divides the U.S. BFT quota recommended 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 
and after the effective date and time of a closure action for that 
category, for the remainder of the fishing year, until the opening of 
the subsequent quota period or until such date as specified.
    The 2024 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual calendar-year quota, began January 1, 
2024. The Angling category season opened January 1, 2024, and continues 
through December 31, 2024. 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 Angling category baseline 
quota is 297.4 mt, of which 9.2 mt (3.1 percent of the annual Angling 
category quota) is suballocated for the harvest of large medium and 
giant (trophy) BFT by vessels fishing under the Angling category quota, 
with 2.3 mt (25 percent of the annual large medium and giant BFT 
Angling category quota) allocated for each of the following areas: 
north of lat. 42[deg] N (the Gulf of Maine area); south of lat. 42[deg] 
N and north of lat. 39[deg]18' N (the southern New England area); south 
of lat. 39[deg]18' N, and outside of the Gulf of Mexico (the southern 
area); and the Gulf of Mexico region. Trophy BFT measure 73 inches (185 
centimeters) curved fork length or greater. We note, when the Gulf of 
Mexico area trophy fishery is open, no large medium or giant BFT may be 
retained, possessed, landed, or sold in the Gulf of Mexico, except one 
per vessel per year may be landed if caught incidentally to fishing for 
other species as specified at Sec.  635.23(b)(1)(i) while the fishery 
is open. This closure action applies to the Gulf of Mexico area.

Angling Category Large Medium and Giant Gulf of Mexico ``Trophy'' 
Fishery Closure

    Based on landings data from the NMFS Automated Catch Reporting 
System, as well as average catch rates and anticipated fishing 
conditions, the Angling category Gulf of Mexico area trophy BFT 
subquota of 2.3 mt has been reached and exceeded. Therefore, retaining, 
possessing, or landing large medium or giant (i.e., measuring 73 inches 
(185 centimeters) curved fork length or greater) BFT in the Gulf of 
Mexico by persons aboard HMS Angling and HMS Charter/Headboat permitted 
vessels (when fishing recreationally) must cease at 11:30 p.m. local 
time on May 29, 2024. This closure will remain effective through 
December 31, 2024. This action applies to HMS Angling and HMS Charter/
Headboat permitted vessels when fishing recreationally for BFT, and is 
taken consistent with the regulations at Sec.  635.28(a)(1). This 
action is intended to prevent further overharvest of the Angling 
category Gulf of Mexico area trophy BFT subquota.
    If needed to ensure available quotas or subquotas are not exceeded 
or to enhance fishing opportunities, subsequent Angling category 
adjustments or closures will be published in the Federal Register per 
Sec.  635.27(a)(7) and Sec.  635.28(a)(1). Information regarding the 
Angling category fishery for Atlantic tunas, including daily retention 
limits for BFT measuring 27 inches (68.5 centimeters) to less than 73 
inches (185 centimeters), and any further Angling category adjustments, 
is available at https://hmspermits.noaa.gov. During a closure, 
fishermen aboard HMS Angling and HMS Charter/Headboat permitted vessels 
when fishing recreationally may continue to 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 
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(c)(1), HMS Angling and HMS Charter/Headboat permitted 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 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.).

[[Page 47106]]

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 its 
amendments provide for inseason 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 
opportunity to comment is impracticable and contrary to the public 
interest as this fishery is currently underway and, based on landings 
information, the Angling category Gulf of Mexico area trophy fishery 
subquota has been reached and exceeded. Delaying this action could 
result in further excessive trophy BFT landings that may result in 
future potential quota reductions for the Angling category, depending 
on the magnitude of a potential Angling category overharvest. NMFS must 
close the Gulf of Mexico area trophy BFT fishery before additional 
landings of these sizes of BFT occur. 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 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 
effectiveness.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: May 28, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-11992 Filed 5-28-24; 4:15 pm]
BILLING CODE 3510-22-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.