Rule2023-16993
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Maine 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
August 9, 2023
Effective
August 5, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS closes the Angling category Gulf of Maine area fishery for large medium and giant ("trophy" (i.e., measuring 73 inches (185 cm) curved fork length or greater)) Atlantic bluefin tuna (BFT). This action applies to Highly Migratory Species (HMS) Angling and HMS Charter/Headboat permitted vessels when fishing recreationally.
Full Text
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<title>Federal Register, Volume 88 Issue 152 (Wednesday, August 9, 2023)</title>
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[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53812-53813]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16993]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD073]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the Angling Category Gulf of Maine Area Trophy
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 Angling category Gulf of Maine area fishery
for large medium and giant (``trophy'' (i.e., measuring 73 inches (185
cm) curved fork length or greater)) Atlantic bluefin tuna (BFT). 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, August 5, 2023, through
December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Lisa Crawford, <a href="/cdn-cgi/l/email-protection#6a0603190b4409180b1d0c05180e2a04050b0b440d051c"><span class="__cf_email__" data-cfemail="34585d47551a57465543525b4650745a5b55551a535b42">[email protected]</span></a>,
301-427-8503 or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#620e0310101b4c10070606220c0d03034c050d14"><span class="__cf_email__" data-cfemail="365a5744444f1844535252765859575718515940">[email protected]</span></a>, 301-427-8503.
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 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
and after the effective date and time of a closure action for that
category, for the remainder of the fishing year, until the opening of
the subsequent quota period or until such date as specified.
As of January 1, 2023, the previous Angling category Trophy North
subquota area was divided into two zones: north and south of 42[deg] N
lat. (off Chatham, MA) (87 FR 59966, October 3, 2022). These newly
formed areas are named the Gulf of Maine Trophy area and the Southern
New England Trophy area. 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 Gulf of Maine area.
Angling Category Trophy Bluefin Tuna Gulf of Maine Fishery Closure
Based on landings data from the NMFS Automated Catch Reporting
System, as well as average catch rates and anticipated fishing
conditions, NMFS projects the Angling category Gulf of Maine 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 in the
Gulf of Maine area by persons aboard HMS Angling and HMS Charter/
Headboat permitted vessels (when fishing recreationally) must cease at
11:30 p.m. local time on August 5, 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 further overharvest of
the Angling category Gulf of Maine area trophy BFT subquota. NMFS
previously closed the 2023 trophy BFT fishery in the southern area on
February 12, 2023 (88 FR 11820, February 24, 2023), in the Gulf of
Mexico area on May 17, 2023 (88 FR 30234, May 11, 2023), and in the
southern New England area on June 5, 2023 (88 FR 37175, June 7, 2023).
Therefore, with this closure of the Gulf of Maine area trophy BFT
fishery, the Angling category trophy BFT fishery will be closed in all
areas for 2023.
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://www.hmspermits.noaa.gov">https://www.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://www.hmspermits.noaa.gov">https://www.hmspermits.noaa.gov</a>, using the HMS Catch Reporting app, or
calling
[[Page 53813]]
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), 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 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 further 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 Gulf of Maine 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: August 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-16993 Filed 8-4-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 9, 2023.
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