[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Rules and Regulations]
[Pages 11820-11821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03861]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XC722]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the Angling Category Southern 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 southern area Angling category fishery for 
large medium and giant (``trophy'' (i.e., measuring 73 inches (185 cm) 
curved fork length or greater)) Atlantic bluefin tuna (BFT). The 
southern area trophy fishery is defined as south of 39[deg]18' N lat., 
and outside of the Gulf of Mexico. 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, February 22, 2023, through 
December 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 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 notice 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 notice for that 
category, for the remainder of the fishing year, until the opening of 
the subsequent quota period or until such date as specified.
    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 southern area.

[[Page 11821]]

Angling Category Large Medium and Giant Southern ``Trophy'' Fishery 
Closure

    Based on landings data from the NMFS Automated Catch Reporting 
System and the North Carolina Tagging Program, as well as average catch 
rates and anticipated fishing conditions, NMFS projects the Angling 
category southern 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 south of 39[deg]18' N lat. and outside the Gulf of Mexico 
by persons aboard HMS Angling and HMS Charter/Headboat permitted 
vessels (when fishing recreationally) must cease at 11:30 p.m. local 
time on February 22, 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 overharvest of the Angling category 
southern area trophy BFT subquota.
    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 https://hmspermits.noaa.gov 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 https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/.
    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 
https://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.).

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 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 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 southern 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: February 21, 2023.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-03861 Filed 2-21-23; 4:15 pm]
BILLING CODE 3510-22-P