[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 [www.gpo.gov]
[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 https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/.

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 https://www.hmspermits.noaa.gov, 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 https://www.hmspermits.noaa.gov, 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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