[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Rules and Regulations]
[Pages 10058-10059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03280]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XC720]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category January Through March 
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 centimeters) curved fork length 
or greater) Atlantic bluefin tuna (BFT) for the January through March 
subquota 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 June 1, 2023, 
the fishery will reopen automatically.

DATES: Effective 11:30 p.m., local time, February 14, 2023, through 
March 31, 2023.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected], 
301-427-8503, Ann Williamson, [email protected], 301-427-8503, or 
Nicholas Velseboer, [email protected], 978-281-9260.

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

[[Page 10059]]

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 
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.
    The current baseline quota for the General category is 710.7 metric 
tons (mt). The General category baseline quota is suballocated to 
different time periods. Relevant to this action, the baseline subquota 
for the January through March time period is 37.7 mt. As a result of a 
prior adjustment, the adjusted subquota for the January through March 
time period is 58.2 mt (88 FR 786, January 5, 2023).

Closure of the January Through March 2023 General Category Fishery

    To date, reported landings for the General category January through 
March subquota time period total approximately 60.6 mt. Based on these 
landings, NMFS has determined that the adjusted 2023 subquota of 58.2 
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 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 February 14, 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 June 1, 2023, for the June through August 2023 
subquota time period.
    Fishermen aboard General category permitted vessels and HMS 
Charter/Headboat permitted vessels may catch-and-release and 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 adjustment, 
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 
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 June 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 call the Atlantic Tunas Information Line at 978-281-9260, 
or access 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), it is impracticable and contrary to the public 
interest to provide prior notice of, and an opportunity for public 
comment on, this action 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. This fishery is currently underway and, based on landings 
information, delaying this action could result in BFT landings further 
exceeding the adjusted January through March 2023 General category 
subquota. 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: February 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-03280 Filed 2-13-23; 4:15 pm]
BILLING CODE 3510-22-P