Rule2023-16445
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Harpoon Category 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
August 2, 2023
Effective
July 30, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the Harpoon category fishery for large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length (CFL) or greater) Atlantic bluefin tuna (BFT) for the remainder of the 2023 fishing year. This closure applies to Atlantic Tunas Harpoon category permitted vessels.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 147 (Wednesday, August 2, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Pages 50807-50808]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16445]
[[Page 50807]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD160]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the Harpoon Category Fishery for 2023
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the Harpoon category fishery for large medium and
giant (i.e., measuring 73 inches (185 cm) curved fork length (CFL) or
greater) Atlantic bluefin tuna (BFT) for the remainder of the 2023
fishing year. This closure applies to Atlantic Tunas Harpoon category
permitted vessels.
DATES: Effective 11:30 p.m., local time, July 30, 2023, through
December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#0c606d7e7e75227e6968684c62636d6d226b637a"><span class="__cf_email__" data-cfemail="fe929f8c8c87d08c9b9a9abe90919f9fd0999188">[email protected]</span></a>,
301-427-8503, or Ann Williamson, <a href="/cdn-cgi/l/email-protection#2f4e41410158464343464e425c40416f41404e4e01484059"><span class="__cf_email__" data-cfemail="0a6b6464247d636666636b677965644a64656b6b246d657c">[email protected]</span></a>, 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic highly migratory species (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 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 a quota category is prohibited on or
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 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). The
Harpoon category baseline quota is 59.2 mt. Effective July 21, 2023,
NMFS transferred 10.8 mt from the Reserve category to the Harpoon
category, resulting in an adjusted quota of 70.0 mt for the Harpoon
category and 27.4 mt for the Reserve category (88 FR 48136, July 26,
2023). As described under Sec. 635.27(a)(4), the Harpoon category
quota is only available between June 1 and November 15 of each year.
Harpoon Category Closure
To date, reported landings for the Harpoon category total
approximately 68.5 mt. Based on these landings data, as well as average
catch rates and anticipated fishing conditions, NMFS projects that the
Harpoon category adjusted subquota of 70.0 mt will be reached 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 Harpoon category must
cease at 11:30 p.m. local time on July 30, 2023. The Harpoon category
BFT fishery will be closed for the remainder of the Harpoon category
season, which ends November 15, 2023, and thus for the year. The
Harpoon category will reopen automatically on June 1, 2024, for the
2024 fishing season. This action applies to Atlantic Tunas Harpoon
category (commercial) permitted vessels, and is taken consistent with
the regulations at Sec. 635.28(a)(1).
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
implement actions in a timely manner 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,
Harpoon 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="https://www.hmspermits.noaa.gov">https://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.).
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 access <a href="https://www.hmspermits.noaa.gov">https://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), there is good cause to waive prior notice and
opportunity to provide comment on this action, as notice and comment
would be impracticable and contrary to the public interest 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 the available quota for the category is
projected to be reached shortly. Delaying this action could result in
BFT landings exceeding the Harpoon category quota. 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 finds that pursuant to 5
U.S.C. 553(d), there is also good cause to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
[[Page 50808]]
Dated: July 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-16445 Filed 7-28-23; 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 August 2, 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.