Rule2023-22563
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category October Through November Fishery for 2023
Primary source
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Published
October 12, 2023
Effective
October 9, 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 cm) curved fork length or greater) Atlantic bluefin tuna (BFT) for the remainder of the October through November 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. This action also waives the previously-scheduled restricted-fishing days (RFDs) for the remainder of the October through November time period. With the RFDs waived during the closure, 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 December 1, 2023, the fishery will reopen automatically.
Full Text
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<title>Federal Register, Volume 88 Issue 196 (Thursday, October 12, 2023)</title>
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[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Rules and Regulations]
[Pages 70605-70606]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22563]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD387]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category October Through November
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 cm) curved fork length or
greater) Atlantic bluefin tuna (BFT) for the remainder of the October
through November 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. This action also waives
the previously-scheduled restricted-fishing days (RFDs) for the
remainder of the October through November time period. With the RFDs
waived during the closure, 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 December 1, 2023, the fishery will
reopen automatically.
DATES: Effective 11:30 p.m., local time, October 9, 2023, through
November 30, 2023.
FOR FURTHER INFORMATION CONTACT: Lisa Crawford, <a href="/cdn-cgi/l/email-protection#2945405a48074a5b485e4f465b4d6947464848074e465f"><span class="__cf_email__" data-cfemail="701c1903115e13021107161f0214301e1f11115e171f06">[email protected]</span></a>,
301-427-8503; or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#d7bbb6a5a5aef9a5b2b3b397b9b8b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="dbb7baa9a9a2f5a9bebfbf9bb5b4babaf5bcb4ad">[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.
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
current baseline quota for the General category is 710.7 mt. The
General category baseline quota is suballocated to different time
periods. Relevant to this action, the baseline subquota for the October
through November time period is 92.4 mt. Effective September 28, 2023,
NMFS transferred 25 mt from the Reserve category to the General
category, resulting in an adjusted October through November time period
subquota of 117.4 and 87.2 mt for the Reserve
[[Page 70606]]
category (88 FR 67654, September 28, 2023).
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.
Closure of the October Through November 2023 General Category Fishery
To date, reported landings for the General category October through
November time period total approximately 60.1 mt. Based on these
landings, NMFS has determined that the adjusted October through
November time period subquota of 117.4 mt is projected to be reached
and exceeded shortly. 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 October 9, 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
December 1, 2023, for the December 2023 time period with a retention
limit of one large medium or giant BFT per vessel per day/trip.
Adjustment of Daily Retention Limit for Selected Dates
On May 25, 2023 (88 FR 33839), NMFS published a final rule
implementing RFDs every Tuesday, Friday, and Saturday from July 1
through November 30, 2023. Since the fishery will be closed for the
remainder of the October through November time period, NMFS waives the
previously-scheduled RFDs for the remainder of that time period.
With the RFDs waived during the closure, consistent with Sec.
635.23(a)(4), 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 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 adjustments,
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="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.).
After the fishery reopens on December 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 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, based on landings information, the available
time period subquota is projected to be reached shortly. Delaying this
action could result in BFT landings exceeding the October through
November time period subquota. Taking this action does not raise
conservation or 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
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: October 6, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-22563 Filed 10-6-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on October 12, 2023.
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