Rule2023-03280
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category January Through March Fishery for 2023
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 16, 2023
Effective
February 14, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches (185 centimeters) curved fork length or greater) Atlantic bluefin tuna (BFT) for the January through March subquota time period. This action applies to Atlantic Tunas General category (commercial) permitted vessels and highly migratory species (HMS) Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT. 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. On June 1, 2023, the fishery will reopen automatically.
Full Text
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<title>Federal Register, Volume 88 Issue 32 (Thursday, February 16, 2023)</title>
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[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Rules and Regulations]
[Pages 10058-10059]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03280]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XC720]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category January Through March
Fishery for 2023
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 General category fishery for large medium and
giant (i.e., measuring 73 inches (185 centimeters) curved fork length
or greater) Atlantic bluefin tuna (BFT) for the January through March
subquota time period. This action applies to Atlantic Tunas General
category (commercial) permitted vessels and highly migratory species
(HMS) Charter/Headboat permitted vessels with a commercial sale
endorsement when fishing commercially for BFT. 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. On June 1, 2023,
the fishery will reopen automatically.
DATES: Effective 11:30 p.m., local time, February 14, 2023, through
March 31, 2023.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#81ede0f3f3f8aff3e4e5e5c1efeee0e0afe6eef7"><span class="__cf_email__" data-cfemail="3854594a4a41164a5d5c5c7856575959165f574e">[email protected]</span></a>,
301-427-8503, Ann Williamson, <a href="/cdn-cgi/l/email-protection#ddbcb3b3f3aab4b1b1b4bcb0aeb2b39db3b2bcbcf3bab2ab"><span class="__cf_email__" data-cfemail="08696666267f6164646169657b67664866676969266f677e">[email protected]</span></a>, 301-427-8503, or
Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#17797e747f787b76643961727b647275787265577978767639707861"><span class="__cf_email__" data-cfemail="3c52555f5453505d4f124a59504f595e53594e7c52535d5d125b534a">[email protected]</span></a>, 978-281-9260.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT
fisheries, are managed 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.). The 2006 Consolidated Atlantic HMS Fishery
Management Plan (FMP) and its amendments are implemented by regulations
at 50 CFR part 635. Section 635.27 divides the U.S. BFT
[[Page 10059]]
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 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 notice for that
category until the opening of the relevant subsequent quota period or
until such date as specified.
The current baseline quota for the General category is 710.7 metric
tons (mt). The General category baseline quota is suballocated to
different time periods. Relevant to this action, the baseline subquota
for the January through March time period is 37.7 mt. As a result of a
prior adjustment, the adjusted subquota for the January through March
time period is 58.2 mt (88 FR 786, January 5, 2023).
Closure of the January Through March 2023 General Category Fishery
To date, reported landings for the General category January through
March subquota time period total approximately 60.6 mt. Based on these
landings, NMFS has determined that the adjusted 2023 subquota of 58.2
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 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 February 14, 2023. 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). The General category will
automatically reopen June 1, 2023, for the June through August 2023
subquota time period.
Fishermen aboard General category permitted vessels and HMS
Charter/Headboat permitted vessels may catch-and-release and 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
<a href="https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/">https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/</a>.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries 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
<a href="http://www.hmspermits.noaa.gov">www.hmspermits.noaa.gov</a>, 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 June 1, depending on the level of
fishing effort and catch rates of BFT, 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. 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 <a href="http://www.hmspermits.noaa.gov">www.hmspermits.noaa.gov</a>, for updates on quota monitoring and
inseason adjustments.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and 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. This fishery is currently underway and, based on landings
information, delaying this action could result in BFT landings further
exceeding the adjusted January through March 2023 General category
subquota. Taking this action does not raise conservation and management
concerns. 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: February 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-03280 Filed 2-13-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 16, 2023.
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