Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Maine Area Trophy Fishery for 2024, 62666-62667 [2024-17000]

Download as PDF 62666 Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Rules and Regulations of Drug and Alcohol Policy and Compliance, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone number 202–366–3784; ODAPCwebmail@dot.gov. SUPPLEMENTARY INFORMATION: On June 21, 2024, DOT published a direct final rule (89 FR 51984). We stated in that direct final rule that if we received adverse comment by June 22, 2024, the direct final rule would not take effect and we would publish a timely withdrawal in the Federal Register. Because DOT subsequently received adverse comment on that direct final rule, we are withdrawing the direct final rule. DOT published a parallel proposed rule on the same day (89 FR 52002, June 21, 2024) as the direct final rule, which proposed the same rule changes as the direct final rule. The proposed rule invited comment on the substance of these rule changes. DOT will respond to comments as part of any final action taken on the parallel proposed rule. As stated in the direct final rule and the parallel proposed rule, we will not institute a second comment period on this action. List of Subjects in 49 CFR Part 40 Administrative practice and procedures, Alcohol abuse, Alcohol testing, Drug abuse, Drug testing, Laboratories, Reporting and recordkeeping requirements, Safety, Transportation. Signed pursuant to authority delegated at 49 CFR 1.27(c) in Washington, DC. Subash Iyer, Acting General Counsel. Accordingly, as of August 1, 2024, DOT withdraws the direct final rule amending 49 CFR part 40, which published at 89 FR 51984, on June 21, 2024. ■ [FR Doc. 2024–16765 Filed 7–31–24; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration ddrumheller on DSK120RN23PROD with RULES1 50 CFR Part 635 [Docket No. 220919–0193; RTID 0648– XE141] Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Maine Area Trophy Fishery for 2024 National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Sep<11>2014 16:00 Jul 31, 2024 Jkt 262001 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. NMFS closes the Angling category Gulf of Maine 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, July 31, 2024, through December 31, 2024. FOR FURTHER INFORMATION CONTACT: Anna Quintrell, anna.quintrell@ noaa.gov 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, established 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 § 635.28(a)(1), NMFS files 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. 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 SUMMARY: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 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 latitude (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. This closure action applies to the Gulf of Maine area. Angling Category Trophy Bluefin Tuna Gulf of Maine Fishery Closure Based on landings data from the NMFS Automated Catch Reporting System, as well as average catch rates and anticipated fishing conditions, NMFS projects the Angling category Gulf of Maine 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 cm) curved fork length or greater) BFT in the Gulf of Maine area by persons aboard HMS Angling and HMS Charter/ Headboat permitted vessels (when fishing recreationally) must cease at 11:30 p.m. local time on July 31, 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 Maine area trophy BFT subquota. NMFS previously closed the 2024 trophy BFT fishery in the southern area on February 9, 2024 (89 FR 10007, February 13, 2024), in the southern New England area on May 2, 2024 (89 FR 37139, May 6, 2024), and in the Gulf of Mexico area on May 29, 2023 (89 FR 47105, May 31, 2024). Therefore, with this closure of the Gulf of Maine area trophy BFT fishery, the Angling category trophy BFT fishery will be closed in all areas for 2024. E:\FR\FM\01AUR1.SGM 01AUR1 Federal Register / Vol. 89, No. 148 / Thursday, August 1, 2024 / Rules and Regulations 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-and-education/careful-catchand-release-brochure. ddrumheller on DSK120RN23PROD with RULES1 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.). 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 retention limit adjustments and fishery closures to respond to the unpredictable nature of BFT availability on the fishing VerDate Sep<11>2014 16:00 Jul 31, 2024 Jkt 262001 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 the most recent landings information, the Angling category Gulf of Maine area trophy BFT 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 Maine 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 and closure 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: July 29, 2024. Lindsay Fullenkamp, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–17000 Filed 7–30–24; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 031125294–4091–02; RTID 0648–XE041] 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; reopening of closure. AGENCY: NMFS is reopening the Pacific Loggerhead Conservation Area (LCA) closure that became effective on June 1, 2024, because the sea surface temperatures (SSTs) in the Southern SUMMARY: PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 62667 California Bight (SCB) for the months of May and June 2024 indicate that SSTs have returned to normal or below normal and that El Niño conditions are no longer present in the SCB. The LCA prohibits fishing with large-mesh drift gillnet (DGN) gear (≥14 inches mesh) off the coast of southern California east of the 120° W meridian from June 1, 2024, through August 31, 2024. Based on recent observations of SSTs in the SCB along with the Climate Prediction Center (CPC) report related to changing El Niño conditions, NMFS has determined that reopening the area is warranted. DATES: Effective 12:01 a.m., Pacific Daylight Time, on August 1, 2024. 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 overlaps with the SCB, is referred to in the regulations as the ‘‘Pacific loggerhead conservation area’’ or ‘‘LCA.’’ Under 50 CFR 660.713(c)(2)(ii), the Assistant Administrator (AA) is to rely on information developed by NOAA offices (the CPC and the West Coast Office of the Coast Watch program) to make the determination that an El Niño event is forecasted or occurring off southern California. The AA is to use monthly 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. Thus, to make a determination for a closure to begin in June, the AA used data from March and April. These regulations protect loggerhead sea turtles, specifically the North Pacific Loggerhead Distinct Population Segment, which are listed as endangered under the Endangered Species Act. The regulations initially were implemented to address a reasonable and prudent alternative E:\FR\FM\01AUR1.SGM 01AUR1

Agencies

[Federal Register Volume 89, Number 148 (Thursday, August 1, 2024)]
[Rules and Regulations]
[Pages 62666-62667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17000]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XE141]


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

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 Angling category Gulf of Maine 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, July 31, 2024, through 
December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Anna Quintrell, 
[email protected] 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, established 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 notice 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 sub-allocated 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 latitude (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. This closure 
action applies to the Gulf of Maine area.

Angling Category Trophy Bluefin Tuna Gulf of Maine Fishery Closure

    Based on landings data from the NMFS Automated Catch Reporting 
System, as well as average catch rates and anticipated fishing 
conditions, NMFS projects the Angling category Gulf of Maine 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 cm) curved fork length or greater) BFT in the 
Gulf of Maine area by persons aboard HMS Angling and HMS Charter/
Headboat permitted vessels (when fishing recreationally) must cease at 
11:30 p.m. local time on July 31, 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 Maine area trophy BFT subquota. NMFS 
previously closed the 2024 trophy BFT fishery in the southern area on 
February 9, 2024 (89 FR 10007, February 13, 2024), in the southern New 
England area on May 2, 2024 (89 FR 37139, May 6, 2024), and in the Gulf 
of Mexico area on May 29, 2023 (89 FR 47105, May 31, 2024). Therefore, 
with this closure of the Gulf of Maine area trophy BFT fishery, the 
Angling category trophy BFT fishery will be closed in all areas for 
2024.

[[Page 62667]]

    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. Sec.  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 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.).

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 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. 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 the most 
recent landings information, the Angling category Gulf of Maine area 
trophy BFT 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 Maine 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 and closure 
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: July 29, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-17000 Filed 7-30-24; 4:15 pm]
BILLING CODE 3510-22-P

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