Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category October Through November Fishery for 2024, 85452-85453 [2024-25020]

Download as PDF 85452 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations 7. Under Regulatory Impact and Notices, on page 79775, correct the paragraph above table 15 and the table to read as follows: Total Costs FRA estimates a total 10-year cost of $1.0 million (PV, 2 percent) for this direct final rule, shown in Table 15. TABLE 15—10-YEAR TOTAL COSTS Total stakeholder costs Year Total costs Discounted 7% Discounted 3% Discounted 2% 1 ......................................................................... 2 ......................................................................... 3 ......................................................................... 4 ......................................................................... 5 ......................................................................... 6 ......................................................................... 7 ......................................................................... 8 ......................................................................... 9 ......................................................................... 10 ....................................................................... $97,922 97,922 97,922 97,922 97,922 97,922 97,922 97,922 97,922 97,922 $19,753 10,541 10,541 10,541 10,541 10,541 10,541 10,541 10,541 10,541 $117,675 108,463 108,463 108,463 108,463 108,463 108,463 108,463 108,463 108,463 $117,675 101,367 94,736 88,538 82,746 77,333 72,273 67,545 63,126 58,997 $117,675 105,304 102,237 99,259 96,368 93,561 90,836 88,190 85,622 83,128 $117,675 106,336 104,251 102,207 100,203 98,238 96,312 94,424 92,572 90,757 Total ............................................................ 979,220 114,622 1,093,842 824,336 962,180 1,002,975 Issued in Washington, DC. Allison Ishihara Fultz, Chief Counsel, Federal Railroad Administration. [FR Doc. 2024–24967 Filed 10–25–24; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 220919–0193] RTID 0648–XE334 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category October Through November Fishery for 2024 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the General category fishery for Atlantic bluefin tuna (BFT) for the remainder of the October through November time period. The General category may only retain, possess, or land large medium and giant (i.e., measuring 73 inches (185 centimeters (cm) curved fork length (CFL) or greater) BFT when the fishery is open. This action applies to Atlantic Tunas General category (commercial) permitted vessels and Atlantic highly migratory species (HMS) Charter/ Headboat permitted vessels with a commercial sale endorsement when SUMMARY: lotter on DSK11XQN23PROD with RULES1 Total government costs VerDate Sep<11>2014 15:57 Oct 25, 2024 Jkt 265001 fishing commercially for BFT. This action also waives the previously scheduled restricted-fishing days (RFDs) for the remainder of the October through November time period. With the RFDs waived during the closure, fishermen aboard General category permitted vessels and HMS Charter/Headboat permitted vessels may tag and release BFT of all sizes, subject to the requirements of catch-and-release and tag-and-release programs. On December 1, 2024, the fishery will reopen automatically. DATES: Effective 11:30 p.m., local time, October 24, 2024, through November 30, 2024. FOR FURTHER INFORMATION CONTACT: Becky Curtis (becky.curtis@noaa.gov) and Larry Redd, Jr. (larry.redd@ noaa.gov) by email or by phone at 301– 427–8503. SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the 2006 Consolidated 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(a) 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 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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 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 or after the effective date and time of a closure action for that category until the opening of the relevant subsequent quota period or until such date as specified. 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 General category baseline quota is 710.7 mt. The General category baseline quota is suballocated to different time periods. Relevant to this action, the baseline subquota for the October through November time period is 92.4 mt. Effective October 2, 2024, NMFS transferred 100 mt from the Reserve category to the General category October through November time period, resulting in an adjusted October through November time period subquota of 192.4 mt (89 FR 81032, October 7, 2024). E:\FR\FM\28OCR1.SGM 28OCR1 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Rules and Regulations Closure of the October Through November 2024 BFT General Category Fishery To date, reported landings for the BFT General category October through November time period total 170.9 mt. Based on these landings data, including average daily catch rates, as well as anticipated favorable fishing conditions in the coming days, NMFS has determined that the adjusted October through November time period subquota of 192.4 mt is projected to be reached and exceeded shortly. Therefore, retaining, possessing, or landing large medium or giant (i.e., measuring 73 inches (185 cm) CFL or greater) BFT by persons aboard vessels permitted in the Atlantic Tunas General category and HMS Charter/Headboat permitted vessels (while fishing commercially) must cease at 11:30 p.m. local time on October 24, 2024. The BFT General category will automatically reopen December 1, 2024, for the December time period with a retention limit of one large medium or giant BFT per vessel per day/trip. This action applies to Atlantic Tunas General category (commercial) permitted vessels and HMS Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT and is taken consistent with the regulations at § 635.28(a)(1). lotter on DSK11XQN23PROD with RULES1 Waiver for Remaining October Through November RFDs On May 31, 2024 (89 FR 47095), NMFS published a final rule that, among other things, implemented RFDs every Sunday, Tuesday, Friday, and Saturday from July 1 through November 30, 2024. Since the fishery will be closed for the remainder of the October through November time period, NMFS has decided to waive the previouslyscheduled RFDs for the remainder of that time period. With the RFDs waived during a closure, consistent with § 635.23(a)(7), fishermen aboard General category permitted vessels and HMS Charter/ Headboat permitted vessels may tag and release BFT of all sizes, subject to the requirements of the catch-and-release and tag-and-release programs described at § 635.26(a). 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/ VerDate Sep<11>2014 15:57 Oct 25, 2024 Jkt 265001 outreach-and-education/careful-catchand-release-brochure/. Monitoring and Reporting NMFS will continue to monitor the BFT fisheries closely. Per § 635.5(b)(2)(i)(A), 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 adjustments, 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 per § 635.5(a)(4) to report their own 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.). After the fishery reopens on December 1, depending on the level of fishing effort and catch rates of BFT at that time, 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 as specified under § 635.27(a)(7). If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may access https:// hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments. 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 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 an opportunity to comment is impracticable and contrary to the public interest as this fishery is PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 85453 currently underway and, based on the most recent landings information, the available time period subquota is projected to be reached shortly. Delaying this action could result in BFT landings that exceed the October through November time period subquota, which may result in future potential quota reductions for other BFT categories, depending on the magnitude of a potential overharvest. 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 effective date. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: October 23, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–25020 Filed 10–23–24; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [RTID 0648–XD487] Amendment 8 Revisions to Essential Fish Habitat in the Fishery Management Plan for U.S. West Coast Fisheries for Highly Migratory Species National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notification of agency decision. AGENCY: NMFS announces the approval of amendment 8 to the Fishery Management Plan (FMP) for the U.S. West Coast Highly Migratory Species (HMS). This amendment updates essential fish habitat (EFH) provisions in the existing HMS FMP. This amendment promotes the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (MSA) which requires periodic review and revision of EFH components of FMPs as warranted based on available information. DATES: The amendment was approved on October 21, 2024. SUMMARY: E:\FR\FM\28OCR1.SGM 28OCR1

Agencies

[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Rules and Regulations]
[Pages 85452-85453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25020]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193]
RTID 0648-XE334


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category October Through November 
Fishery for 2024

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

ACTION: Temporary rule; closure.

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

SUMMARY: NMFS closes the General category fishery for Atlantic bluefin 
tuna (BFT) for the remainder of the October through November time 
period. The General category may only retain, possess, or land large 
medium and giant (i.e., measuring 73 inches (185 centimeters (cm) 
curved fork length (CFL) or greater) BFT when the fishery is open. This 
action applies to Atlantic Tunas General category (commercial) 
permitted vessels and Atlantic highly migratory species (HMS) Charter/
Headboat permitted vessels with a commercial sale endorsement when 
fishing commercially for BFT. This action also waives the previously 
scheduled restricted-fishing days (RFDs) for the remainder of the 
October through November time period. With the RFDs waived during the 
closure, fishermen aboard General category permitted vessels and HMS 
Charter/Headboat permitted vessels may tag and release BFT of all 
sizes, subject to the requirements of catch-and-release and tag-and-
release programs. On December 1, 2024, the fishery will reopen 
automatically.

DATES: Effective 11:30 p.m., local time, October 24, 2024, through 
November 30, 2024.

FOR FURTHER INFORMATION CONTACT: Becky Curtis ([email protected]) 
and Larry Redd, Jr. ([email protected]) by email or by phone at 301-
427-8503.

SUPPLEMENTARY INFORMATION: Atlantic BFT fisheries are managed under the 
2006 Consolidated 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(a) 
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 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 
or after the effective date and time of a closure action for that 
category until the opening of the relevant subsequent quota period or 
until such date as specified.
    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 General category baseline quota is 710.7 mt. 
The General category baseline quota is suballocated to different time 
periods. Relevant to this action, the baseline subquota for the October 
through November time period is 92.4 mt. Effective October 2, 2024, 
NMFS transferred 100 mt from the Reserve category to the General 
category October through November time period, resulting in an adjusted 
October through November time period subquota of 192.4 mt (89 FR 81032, 
October 7, 2024).

[[Page 85453]]

Closure of the October Through November 2024 BFT General Category 
Fishery

    To date, reported landings for the BFT General category October 
through November time period total 170.9 mt. Based on these landings 
data, including average daily catch rates, as well as anticipated 
favorable fishing conditions in the coming days, NMFS has determined 
that the adjusted October through November time period subquota of 
192.4 mt is projected to be reached and exceeded shortly. Therefore, 
retaining, possessing, or landing large medium or giant (i.e., 
measuring 73 inches (185 cm) CFL or greater) BFT by persons aboard 
vessels permitted in the Atlantic Tunas General category and HMS 
Charter/Headboat permitted vessels (while fishing commercially) must 
cease at 11:30 p.m. local time on October 24, 2024. The BFT General 
category will automatically reopen December 1, 2024, for the December 
time period with a retention limit of one large medium or giant BFT per 
vessel per day/trip. This action applies to Atlantic Tunas General 
category (commercial) permitted vessels and HMS Charter/Headboat 
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).

Waiver for Remaining October Through November RFDs

    On May 31, 2024 (89 FR 47095), NMFS published a final rule that, 
among other things, implemented RFDs every Sunday, Tuesday, Friday, and 
Saturday from July 1 through November 30, 2024. Since the fishery will 
be closed for the remainder of the October through November time 
period, NMFS has decided to waive the previously-scheduled RFDs for the 
remainder of that time period.
    With the RFDs waived during a closure, consistent with Sec.  
635.23(a)(7), fishermen aboard General category permitted vessels and 
HMS Charter/Headboat permitted vessels may tag and release BFT of all 
sizes, subject to the requirements of the catch-and-release and tag-
and-release programs described at Sec.  635.26(a). 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. Per Sec.  
635.5(b)(2)(i)(A), 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 adjustments, 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 per Sec.  635.5(a)(4) to report their own 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.).
    After the fishery reopens on December 1, depending on the level of 
fishing effort and catch rates of BFT at that time, 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 as specified under Sec.  
635.27(a)(7). If needed, subsequent adjustments will be published in 
the Federal Register. In addition, fishermen may access https://hmspermits.noaa.gov, for updates on quota monitoring and inseason 
adjustments.

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 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 an 
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 available time period subquota is 
projected to be reached shortly. Delaying this action could result in 
BFT landings that exceed the October through November time period 
subquota, which may result in future potential quota reductions for 
other BFT categories, depending on the magnitude of a potential 
overharvest. 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 
effective date.

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

    Dated: October 23, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-25020 Filed 10-23-24; 4:15 pm]
BILLING CODE 3510-22-P


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