Why It Matters
The Commerce Department has closed the General category fishery to large Atlantic bluefin tuna, requiring affected permit holders to stop retaining them until the fishery reopens automatically.
The closure bars General category permitted vessels, and HMS Charter/Headboat permitted vessels fishing commercially, from retaining, possessing, or landing large, medium, or giant bluefin tuna through Nov. 30, after reported landings were projected to reach the adjusted October-November subquota of 192.9 metric tons. During the closure, fishermen aboard those vessels may still tag and release bluefin tuna of all sizes, with all remaining Restricted-Fishing Days through Nov. 30 waived for the closure period.
The Big Picture
The National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service (NMFS) exercised its existing inseason closure authority under 50 C.F.R. § 635.28(a)(1) after projected landings approached the 192.9-metric-ton subquota, a figure established by an inseason adjustment published Oct. 8. NMFS said delaying the action "could result in BFT landings that exceed the adjusted October through November time period subquota, which may result in future potential quota reductions for other BFT categories or the 2027 General category quota, depending on the magnitude of a potential General category overharvest." NMFS published the closure Oct. 20, three days after its Oct. 17 effective date.
The General category fishery reopens automatically Dec. 1 without further rulemaking. After reopening, NMFS may make additional in-season adjustments based on fishing effort and catch rates; it would publish any such adjustments in the Federal Register.
What the Closure Covers
The prohibition applies to retaining, possessing, or landing large, medium, or giant Atlantic bluefin tuna — defined as fish measuring 73 inches (185 centimeters) curved fork length or greater — by persons aboard General category permitted vessels and HMS Charter/Headboat permitted vessels fishing commercially. The closure took effect at 11:30 p.m. local time Oct. 17, with no grandfathering or phase-in specified.
Lotz Outdoors reported that the closure did not affect recreational fishing. EastBayRI.com reported that NOAA also transferred 15 metric tons from the Reserve category to increase the recreational Angling category quota alongside the commercial closure.
What Is Still Allowed
With all remaining Restricted-Fishing Days, previously scheduled every Tuesday, Friday, and Saturday through Nov. 30 under a final rule published May 31, 2024, waived for the closure period, fishermen aboard General category and HMS Charter/Headboat permitted vessels may tag and release bluefin tuna of all sizes, subject to catch-and-release and tag-and-release program requirements. All released bluefin tuna must be handled to maximize survival and without removing the fish from the water.
Dealer and vessel reporting obligations remain in force: Dealers must submit landing reports within 24 hours of receiving bluefin tuna, and General and HMS Charter/Headboat vessel owners must report all bluefin tuna retained or discarded dead within 24 hours of landing or the end of a trip.
The Quota Behind the Closure
The October-November baseline subquota is 106 metric tons; the adjusted figure of 192.9 metric tons had been in effect since an in-season adjustment made Oct. 6 and published Oct. 8. The closure triggered by projected attainment of that 192.9-metric-ton figure took effect Oct. 17, nine days after the adjustment was published.
The overall U.S. Atlantic bluefin tuna quota was set at 1,509.98 metric tons, not including 62.5 metric tons allocated for pelagic longline bycatch, by a final rule published Aug. 19 implementing an International Commission for the Conservation of Atlantic Tunas quota increase. The General category baseline quota within that total is 815.4 metric tons.
Why No Comment Period
NMFS issued this as a temporary rule without prior notice and comment, finding good cause under 5 U.S.C. 553(b)(B) that prior notice was "impracticable and contrary to the public interest" because the fishery was underway and the subquota was projected to be reached shortly. NMFS noted 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."
The General category reopens automatically Dec. 1. After that date, NMFS retains authority to make further in-season adjustments if fishing effort and catch rates warrant them.
Access the Legis1 platform for comprehensive political news, data, and insights.
Spot something wrong? Report an issue with this article
