Rule2023-26933
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category December 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
December 8, 2023
Effective
December 6, 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 December 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 January 1, 2024, the fishery will reopen automatically.
Full Text
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<title>Federal Register, Volume 88 Issue 235 (Friday, December 8, 2023)</title>
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[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85517-85518]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26933]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD474]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category December 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 December
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 January 1, 2024, the
fishery will reopen automatically.
DATES: Effective 11:30 p.m., local time, December 6, 2023, through
December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Becky Curtis, <a href="/cdn-cgi/l/email-protection#244641474f5d0a475156504d57644a4b45450a434b52"><span class="__cf_email__" data-cfemail="167473757d6f38756364627f65567879777738717960">[email protected]</span></a>,
301-427-8503; or Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#dab6bba8a8a3f4a8bfbebe9ab4b5bbbbf4bdb5ac"><span class="__cf_email__" data-cfemail="4f232e3d3d36613d2a2b2b0f21202e2e61282039">[email protected]</span></a>, 301-427-8503.
[[Page 85518]]
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT
fisheries, are managed under the 2006 Consolidated HMS Fishery
Management Plan (FMP) and its amendments, pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act;
16 U.S.C. 1801 et seq.) and consistent with the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS implementing
regulations are 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
December time period is 37 mt. To date for 2023, NMFS published two
actions that adjusted the General category December 2023 time period
quota, most recently to 48.7 mt (88 FR 786, January 5, 2023; 88 FR
77903, November 14, 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 December 2023 General Category Fishery
To date, reported landings for the General category December time
period total 38.6 mt. Based on these landings, NMFS has determined that
the adjusted December time period subquota of 48.7 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 December 6, 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 January 1, 2024, for the January through March
2024 time period with a retention limit of one large medium or giant
BFT per vessel per day/trip.
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 January 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 adjusted December
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: December 4, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-26933 Filed 12-5-23; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 8, 2023.
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