Rule2023-03861
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Southern Area Trophy 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 24, 2023
Effective
February 22, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the southern area Angling category fishery for large medium and giant ("trophy" (i.e., measuring 73 inches (185 cm) curved fork length or greater)) Atlantic bluefin tuna (BFT). The southern area trophy fishery is defined as south of 39[deg]18' N lat., and outside of the Gulf of Mexico. This action applies to Highly Migratory Species (HMS) Angling and HMS Charter/Headboat permitted vessels when fishing recreationally.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 37 (Friday, February 24, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Rules and Regulations]
[Pages 11820-11821]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03861]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XC722]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the Angling Category Southern Area Trophy Fishery
for 2023
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the southern area Angling category fishery for
large medium and giant (``trophy'' (i.e., measuring 73 inches (185 cm)
curved fork length or greater)) Atlantic bluefin tuna (BFT). The
southern area trophy fishery is defined as south of 39[deg]18' N lat.,
and outside of the Gulf of Mexico. 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, February 22, 2023, through
December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#d2beb3a0a0abfca0b7b6b692bcbdb3b3fcb5bda4"><span class="__cf_email__" data-cfemail="7d111c0f0f04530f1819193d13121c1c531a120b">[email protected]</span></a>,
301-427-8503, Ann Williamson, <a href="/cdn-cgi/l/email-protection#90f1fefebee7f9fcfcf9f1fde3fffed0fefff1f1bef7ffe6"><span class="__cf_email__" data-cfemail="86e7e8e8a8f1efeaeaefe7ebf5e9e8c6e8e9e7e7a8e1e9f0">[email protected]</span></a>, 301-427-8503, or
Nicholas Velseboer, <a href="/cdn-cgi/l/email-protection#caa4a3a9a2a5a6abb9e4bcafa6b9afa8a5afb88aa4a5ababe4ada5bc"><span class="__cf_email__" data-cfemail="b5dbdcd6dddad9d4c69bc3d0d9c6d0d7dad0c7f5dbdad4d49bd2dac3">[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 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 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 notice 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 2023 BFT fishing year, which is managed on a calendar-year
basis and subject to an annual calendar-year quota, began January 1,
2023. The Angling category season opened January 1, 2023, and continues
through December 31, 2023. The Angling category baseline quota is 297.4
metric tons (mt), of which 9.2 mt is suballocated for the harvest of
large medium and giant (trophy) BFT by vessels fishing under the
Angling category quota, with 2.3 mt allocated for each of the following
areas: North of 42[deg] N lat. (the Gulf of Maine area); south of
42[deg] N lat. and north of 39[deg]18' N lat. (the southern New England
area); south of 39[deg]18' N lat., and outside of the Gulf of Mexico
(the southern area); and the Gulf of Mexico region. Trophy BFT measure
73 inches (185 cm) curved fork length or greater. This action applies
to the southern area.
[[Page 11821]]
Angling Category Large Medium and Giant Southern ``Trophy'' Fishery
Closure
Based on landings data from the NMFS Automated Catch Reporting
System and the North Carolina Tagging Program, as well as average catch
rates and anticipated fishing conditions, NMFS projects the Angling
category southern 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 south of 39[deg]18' N lat. and outside 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 February 22, 2023. This closure will remain effective through
December 31, 2023. 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 overharvest of the Angling category
southern area trophy BFT subquota.
If needed, subsequent Angling category adjustments will be
published in the Federal Register. Information regarding the Angling
category fishery for Atlantic tunas, including daily retention limits
for BFT measuring 27 inches (68.5 cm) to less than 73 inches (185 cm),
and any further Angling category adjustments, is available at <a href="https://hmspermits.noaa.gov">https://hmspermits.noaa.gov</a> or by calling (978) 281-9260. Fishermen aboard HMS
Angling and HMS Charter/Headboat permitted vessels may 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 <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>.
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
<a href="https://hmspermits.noaa.gov">https://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.).
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 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 delaying this action
could result in 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 southern area trophy BFT fishery before additional landings of
these sizes of BFT occur. 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 21, 2023.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-03861 Filed 2-21-23; 4:15 pm]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 24, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.