[Federal Register Volume 88, Number 43 (Monday, March 6, 2023)]
[Proposed Rules]
[Pages 13771-13776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04316]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 230224-0052]
RIN 0648-BL94


Atlantic Highly Migratory Species; Bluefin Tuna (BFT) General 
Category Restricted-Fishing Days (RFDs)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS is proposing to set Atlantic BFT General category RFDs 
for parts of the 2023 and 2024 fishing years. Specifically, when the 
General category fishery is open, this proposed rule would set RFDs for 
every Tuesday, Friday, and Saturday from July 1, 2023 through November 
30, 2023 and every Tuesday and Friday from December 1, 2023 through 
March 31, 2024. On an RFD, Atlantic Tunas General category permitted 
vessels may not fish for (including catch-and-release or tag-and-
release fishing), possess, retain, land, or sell BFT. On an RFD, Highly 
Migratory Species (HMS) Charter/Headboat permitted vessels with a 
commercial sale endorsement also are subject to these restrictions that 
preclude fishing commercially for BFT under the General category 
restrictions and retention limits, but such vessels may still fish for, 
possess, retain, or land BFT when fishing recreationally under 
applicable HMS Angling category rules.

DATES: Written comments must be received by April 5, 2023. NMFS will 
hold a public hearing via conference call and webinar for this proposed 
rule on March 23, 2023, from 2 p.m. to 4 p.m. For webinar registration 
information, see the SUPPLEMENTARY INFORMATION section of this 
document.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0016, by electronic submission. Submit all electronic 
public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2023-0016'' in the Search 
box. Click on the ``Comment'' icon, complete the required fields, and 
enter or attach your comments.
    Comments sent by any other method, to any other address or 
individual, or received after the close of the comment period, may not 
be considered by NMFS. All comments received are a part of the public 
record and will generally be posted for public viewing on https://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    NMFS will hold a public hearing via conference call and webinar on 
this proposed rule. For specific location, date and time, see the 
SUPPLEMENTARY INFORMATION section of this document.
    Copies of this proposed rule and supporting documents are available 
from the HMS Management Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or by 
contacting Erianna Hammond, [email protected], or Larry Redd, 
Jr., [email protected], at 301-427-8503.

FOR FURTHER INFORMATION CONTACT: Erianna Hammond, 
[email protected], or Larry Redd, Jr., [email protected], at 
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 (2006 Consolidated HMS 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

[[Page 13772]]

HMS FMP and its amendments. Section 635.23 specifies the retention 
limit provisions for Atlantic Tunas General category permitted vessels 
and HMS Charter/Headboat permitted vessels, including regarding RFDs.
    RFDs are used as an effort control to ensure that BFT quotas and 
subquotas are not exceeded. As described in Sec.  635.27(a), the 
current baseline U.S. 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 baseline quota for the General category is 710.7 
mt. Each of the General category time periods (January through March, 
June through August, September, October through November, and December) 
are allocated a portion of the annual General category quota.

Background

    NMFS first established the regulatory authority to set ``no 
fishing'' days in a 1995 rule (60 FR 38505, July 27, 1995) as an 
available effort control that could be used to extend the General 
category time period subquotas while providing additional inseason 
management flexibility with regard to quota use and season length. An 
RFD is a day, established ahead of time through a schedule published in 
the Federal Register, on which NMFS sets the BFT retention limit at 
zero for certain categories of permit holders. Specifically, on an RFD, 
vessels permitted in the Atlantic Tunas General category are prohibited 
from fishing for (including catch-and-release and tag-and-release 
fishing), possessing, retaining, landing, or selling BFT (Sec.  
635.23(a)(2)). RFDs also apply to HMS Charter/Headboat permitted 
vessels to preclude fishing commercially under General category 
restrictions and retention limits on those days but do not preclude 
such vessels from recreational fishing activity under applicable 
Angling category regulations, including catch-and-release and tag-and-
release fishing (Sec.  635.23(c)(2)).
    NMFS may waive previously scheduled RFDs under certain 
circumstances. Consistent with Sec.  635.23(a)(4), NMFS may waive an 
RFD by adjusting the daily BFT retention limit from zero up to five on 
specified RFDs after considering the inseason adjustment determination 
criteria at Sec.  635.27(a)(7). Considerations include, among other 
things, review of dealer reports, daily landing trends, and the 
availability of BFT on fishing grounds. NMFS would announce any such 
waiver by filing a retention limit adjustment with the Office of the 
Federal Register for publication. Such adjustments would be effective 
no less than 3 calendar days after the date of filing for public 
inspection with the Office of the Federal Register. NMFS also may waive 
previously designated RFDs effective upon closure of the General 
category fishery so that persons aboard vessels permitted in the 
General category may conduct catch-and-release or tag-and-release 
fishing for BFT under Sec.  635.26(a). NMFS would not modify the 
previously scheduled RFDs during the fishing year in other ways (such 
as changing an RFD from one date to another or adding RFDs).
    Due to increased BFT landings rates in the General category in 2019 
and 2020 and numerous requests from members of the Atlantic HMS 
Advisory Panel, General category participants, and Atlantic tunas 
dealers, NMFS resumed the use of RFDs in 2021 for the first time since 
2007 (86 FR 25992, May 12, 2021; 86 FR 43421, August 9, 2021). In 2022, 
because the use of RFDs in 2021 succeeded in extending fishing 
opportunities through a greater portion of the relevant General 
category time periods and the fishing season overall, consistent with 
management objectives for the fishery, NMFS implemented RFDs on every 
Tuesday, Friday, and Saturday from July 1 through November 30 while the 
fishery was open (87 FR 12643, March 7, 2022; 87 FR 33056, June 1, 
2022). Similar to the 2021 and 2022 rulemakings, NMFS is proposing an 
RFD schedule to extend fishing opportunities through a greater portion 
of the relevant General category time periods and the fishing season 
overall, consistent with management objectives for the fishery. Based 
on comments received on the 2022 rulemaking and on comments received 
throughout 2022, as described below, NMFS is also proposing to extend 
the use of RFDs to the December 2023 and January through March 2024 
time periods.

Proposed RFD Schedule

    In this proposed rule, NMFS proposes to schedule RFDs every 
Tuesday, Friday, and Saturday from July 1, 2023 through November 30, 
2023 and every Tuesday and Friday from December 1, 2023 through March 
31, 2024, while the fishery is open. On these designated RFDs, persons 
aboard vessels permitted in the General category would be prohibited 
from fishing for (including catch-and-release and tag-and-release 
fishing), possessing, retaining, landing, or selling BFT. Persons 
aboard HMS Charter/Headboat permitted vessels with a commercial sale 
endorsement also would be prohibited from fishing commercially for BFT. 
Persons aboard all HMS Charter/Headboat permitted vessels (including 
those with a commercial sale endorsement) could fish recreationally for 
BFT under the applicable Angling category restrictions and retention 
limits.
    From July 1 through November 30, 2023, NMFS is proposing the same 
weekly schedule as the 2021 and 2022 RFD schedule (i.e., every Tuesday, 
Friday, and Saturday). Unlike in 2021 and 2022, NMFS is also proposing 
to extend RFDs to the ``winter'' fishery (i.e., the December and 
January through March time periods). Specifically, from December 1, 
2023 through March 31, 2024, NMFS proposes two RFDs per week (i.e., 
every Tuesday and Friday) while the fishery is open. This proposed 
schedule and extension is based on general feedback provided by members 
of the Atlantic HMS Advisory Panel, General category participants, and 
Atlantic tunas dealers in 2022; a review of average daily landings rate 
data for recent years; a review of past years' RFD schedules (including 
the most recent 2022 RFD schedule); and a review of past closure dates 
prior to RFDs being set in 2021. Considering that information, NMFS 
believes that a schedule of RFDs from July 2023 through March 2024 
should continue to increase the likelihood of pacing General category 
landings to extend fishing opportunities through a greater portion of 
the General category time periods. In the July through November time 
periods, the schedule would allow for 2-consecutive 2-day periods each 
week (Sunday-Monday; Wednesday-Thursday) for BFT product to move 
through the market and allow for some commercial fishing activity each 
weekend (Sunday). In the December and January through March time 
periods it would allow for extended fishing opportunities while pacing 
the BFT landings over a greater portion of the General category time 
periods.
    In 2022, NMFS received some comments suggesting an increase from 3 
to 4 RFDs during the July through November time periods. Based on the 
landings data, if NMFS were to consider an additional day to the 
current schedule, Sunday would appear to be the best fit because it has 
the highest landings rates of the remaining days (i.e., Sunday, Monday, 
Wednesday, and Thursday). In 2022 after the final RFD schedule 
published, NMFS received requests to establish a weekly schedule 
consisting of 3 RFDs in a row such as Thursday, Friday, and Saturday. 
These requests stated that a block of days would better assist the BFT 
product to move through the market, assist with enforcement, and assist 
the industry

[[Page 13773]]

with 3 consecutive days off. NMFS is not proposing either requested 
schedule at this time because NMFS believes it would provide less 
flexibility for fishermen and could be disruptive to tournaments and 
businesses that are planning for 2023 based on what occurred in 2022. 
However, in this Federal Register proposed rule, NMFS requests public 
comments on:
     Whether July through November RFDs should be established 
for 4 days per week instead of 3, and if so, what the fourth day should 
be, and
     Whether July through November RFDs should be scheduled for 
3 or 4 consecutive days and if that schedule would be less disruptive 
than the proposed schedule that allows for 2-consecutive 2-day periods 
each week (Sunday-Monday; Wednesday-Thursday) for BFT product to move 
through the market.
    Additionally, in 2022, NMFS received requests from some winter 
fishery participants to extend RFDs into both the December and the 
January through March time periods. These dealers and General category 
participants suggested that establishing RFDs in these General category 
time periods would assist in facilitating entry of BFT product to the 
market while also allowing rest days for commercial BFT fishermen. Over 
the last 6 years, closure of the December time period has been 
necessary in 2017, 2020, 2021, and 2022, with the fishery remaining 
open through the end of the month in 2018 and 2019. Similarly, over the 
last 6 years, closure of the January through March time period has been 
necessary every year for 2017 through 2022. Based on these requests and 
to extend fishing opportunities throughout the December and January 
through March time periods, NMFS proposes RFDs for the December 2023 
and the January through March 2024 time periods. NMFS is proposing only 
Tuesday and Friday as RFDs for these time periods because these days 
have the highest landings rates and because of concerns that 3 or more 
days per week may be too restrictive given the potential for inclement 
winter weather. In this proposed rule, NMFS specifically requests 
public comment on how many RFDs per week would be appropriate during 
these time periods and which days may be most beneficial.
    Under existing regulations, based on consideration of regulatory 
criteria at Sec.  635.27(a)(7), NMFS may waive certain RFDs consistent 
with Sec.  635.23(a)(4), either by adjusting the retention limit 
upwards on a previously-scheduled RFD or by waiving an RFD to allow 
recreational fishing under the Angling category restrictions and 
retention limits when the General category closes. Once the schedule is 
set, however, NMFS would not modify RFDs in other ways (e.g., switching 
days or adding RFDs).

Request for Comments

    NMFS is proposing a schedule of RFDs for every Tuesday, Friday, and 
Saturday from July 1, 2023, through November 30, 2023. Additionally, 
NMFS is proposing a schedule of RFDs for every Tuesday and Friday from 
December 1, 2023 through March 31, 2024. NMFS is requesting comments on 
this proposed RFD schedule. NMFS is also specifically requesting 
comments on: (1) whether July through November RFDs should be 4 days 
per week instead of 3, and if so, what the fourth day should be; (2) 
whether July through November RFDs should be scheduled for 3 or 4 
consecutive days and if that schedule would be less disruptive than the 
proposed schedule that allows for 2-consecutive 2-day periods each week 
(Sunday-Monday; Wednesday-Thursday) for BFT product to move through the 
market; and (3) whether the December through March RFD 2 day per week 
schedule is appropriate and which days would be the most beneficial for 
these time periods. Comments on this proposed rule may be submitted via 
https://www.regulations.gov or at a public conference call and webinar. 
NMFS solicits comments on this action by April 5, 2023 (see DATES and 
ADDRESSES).
    During the comment period, NMFS will hold a public hearing via 
conference call and webinar for this proposed action. Requests for sign 
language interpretation or other auxiliary aids should be directed to 
Erianna Hammond at [email protected] or 301-427-8503, at least 7 
days prior to the meeting.
    The conference call and webinar will take place on March 23, 2023 
from 2:00 to 4:00 p.m. Information for registering and accessing the 
webinars can be found at https://www.fisheries.noaa.gov/action/proposed-restricted-fishing-days-atlantic-bluefin-tuna-fishery-parts-2023-and-2024.
    The public is reminded that NMFS expects participants at conference 
calls and webinars to conduct themselves appropriately. At the 
beginning of each conference call and webinar, the moderator will 
explain how the conference call and webinar will be conducted and how 
and when participants can provide comments. NMFS representative(s) will 
structure the conference call and webinar so that all members of the 
public will be able to comment, if they so choose, regardless of the 
controversial nature of the subject(s). Participants are expected to 
respect the ground rules, and those that do not may be asked to leave 
the conference calls and webinars.

Classification

    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the 2006 Consolidated HMS FMP and its 
amendments, other provisions of the Magnuson-Stevens Act, ATCA, and 
other applicable law, subject to further consideration after public 
comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An Initial Regulatory Flexibility Analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, why it is 
being considered, and the legal basis for this action are contained at 
the beginning of this section in the preamble and in the SUMMARY 
section of the preamble.
    Section 603(b)(1) of the RFA requires agencies to describe the 
reasons why the action is being considered. The purpose of this 
proposed rulemaking is, consistent with the objectives of the 2006 
Consolidated HMS FMP and its amendments, the Magnuson-Stevens Act, 
ATCA, and other applicable law, to potentially set a schedule of BFT 
RFDs for parts of the 2023 and 2024 fishing years as an effort control 
for the General category quota and to extend General category fishing 
opportunities through a greater portion of the General category time 
period subquotas. Implementation of the proposal would further the 
management goals and objectives in the 2006 Consolidated HMS FMP and 
its amendments.
    Section 603(b)(2) of the RFA requires agencies to state the 
objectives of, and legal basis for, the proposed action. The objective 
of this proposed rulemaking is to set a schedule of BFT RFDs for parts 
of the 2023 and 2024 fishing year to increase the likelihood of pacing 
General category landings to extend fishing opportunities through a 
greater portion of the General category time periods (similar to the 
2022 RFD schedule). The legal basis for the proposed rule is the 
Magnuson-Stevens Act and ATCA.
    Section 603(b)(3) of the RFA requires agencies to provide an 
estimate of the number of small entities to which the rule would apply. 
NMFS established a small business size standard of $11

[[Page 13774]]

million in annual gross receipts for all businesses in the commercial 
fishing industry (NAICS 11411) for RFA compliance purposes. The Small 
Business Administration (SBA) has established size standards for all 
other major industry sectors in the United States, including the scenic 
and sightseeing transportation (water) sector (NAICS code 487210), 
which includes for-hire (charter/party boat) fishing entities. The SBA 
has defined a small entity under the scenic and sightseeing 
transportation (water) sector as one with average annual receipts 
(revenue) of less than $14.0 million. NMFS considers all HMS permit 
holders, both commercial and for-hire, to be small entities because 
they had average annual receipts of less than their respective sector's 
standard of $11 million and $8 million. The 2021 total ex-vessel annual 
revenue for the BFT fishery was $11.8 million. Since a small business 
is defined as having annual receipts not in excess of $11.0 million, 
each individual BFT permit holder would fall within the small entity 
definition. The numbers of relevant annual Atlantic Tunas or Atlantic 
HMS permits as of October 2022 are as follows: 2,630 General category 
permit holders and 4,175 HMS Charter/Headboat permit holders, of which 
1,873 hold HMS Charter/Headboat permits with a commercial sale 
endorsement.
    Section 603(b)(4) of the RFA requires agencies to describe any new 
reporting, record-keeping, and other compliance requirements. This 
proposed rule does not contain any new collection of information, 
reporting, or record-keeping requirements. This proposed rule would set 
a schedule of RFDs for parts of 2023 and 2024 as an effort control for 
the General category.
    Under section 603(b)(5) of the RFA, agencies must identify, to the 
extent practicable, relevant Federal rules which duplicate, overlap, or 
conflict with the proposed action. Fishermen, dealers, and managers in 
these fisheries must comply with a number of international agreements, 
domestic laws, and other fishery management measures. These include, 
but are not limited to, the Magnuson-Stevens Act, ATCA, the High Seas 
Fishing Compliance Act, the Marine Mammal Protection Act, the 
Endangered Species Act, the National Environmental Policy Act, the 
Paperwork Reduction Act, and the Coastal Zone Management Act. This 
proposed action has been determined not to duplicate, overlap, or 
conflict with any Federal rules.
    Under section 603(c) of the RFA, agencies must describe any 
significant alternatives to the proposed rule which accomplish the 
stated objectives of applicable statutes and which minimize any 
significant economic impact of the proposed rule on small entities. 
Specifically, the RFA (5 U.S.C. 603(c)(1)-(4)) lists four general 
categories of significant alternatives to assist an agency in the 
development of significant alternatives. These categories of 
alternatives are: (1) establishment of differing compliance or 
reporting requirements or timetables that take into account the 
resources available to small entities; (2) clarification, 
consolidation, or simplification of compliance and reporting 
requirements under the rule for such small entities; (3) use of 
performance rather than design standards; and (4) exemptions from 
coverage of the rule, or any part thereof, for small entities.
    Regarding the first, second, and fourth categories, NMFS cannot 
establish differing compliance or reporting requirements for small 
entities or exempt small entities from coverage of the rule or parts of 
it, because all of the businesses impacted by this rule are considered 
small entities, and thus the requirements are already designed for 
small entities. Regarding the third category, NMFS does not know of any 
performance or design standards that would satisfy the aforementioned 
objectives of this rulemaking.
    This proposed rule would not change the U.S. BFT quotas or 
implement any new management measures not previously considered under 
the 2006 Consolidated HMS FMP and its amendments. NMFS proposes 
continuation of the use of RFDs for the General category for parts of 
2023 and 2024 to provide the regulated community the opportunity to 
comment on the proposed RFD schedule. Under the regulations, when a 
General category time period subquota is reached or projected to be 
reached, NMFS closes the General category fishery. 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 time period or until such date as specified. In recent 
years, these closures, if needed, have generally occurred toward the 
end of a time period. NMFS notes that market-based factors may affect 
the length of time before any particular time period closes, but 
believes that RFDs are still needed to provide a pre-scheduled, 
consistent approach across the fishery. According to communications 
with dealers and fishermen, several of the high-volume Atlantic tunas 
dealers in 2019, 2020, and 2022 were limiting their purchases of BFT 
and buying no or very few BFT (such as harpooned fish only) on certain 
days during the beginning portion of the June through August time 
period in order to extend the available quota until later in the time 
period given market considerations. While these actions may have 
lengthened the time before any particular time period was closed, there 
were negative impacts experienced by some General category and Charter/
Headboat permitted fishermen, who could not find buyers for their BFT. 
In 2021, NMFS set pre-scheduled RFDs for the General category fishery 
on certain days (Tuesdays, Fridays, and Saturdays) from September 
through November to increase the likelihood of pacing General category 
landings to extend fishing opportunities through a greater portion of 
the General category time periods (August 9, 2021, 86 FR 43421). In 
2022, NMFS set pre-scheduled RFDs for the same days from July through 
November (June 1, 2022, 87 FR 33056).
    Table 1 shows the General category closure dates by time period for 
2018 through 2022. The General category remained open for the entire 
duration of the June through August time period in 2018 and 2020, and 
of the December time period in 2018 and 2019. The October through 
November time period tends to close the earliest of any time period, 
and NMFS often receives requests to reopen that time period. Following 
the consideration of numerous factors (i.e., daily landings rates, 
weather conditions, available quota, etc.), NMFS reopened the October 
through November time period in 2018 and 2020. In 2021, NMFS set RFDs 
for the September through November time periods, resulting in the 
General category fishing extending late into September and through the 
end of October through November time period. In 2022, NMFS set RFDs for 
the June through November time periods, with the first RFD established 
on July 1. Closure dates for 2022 were February 11, August 10, 
September 19, October 24, and December 10, respectively, for each time 
period. NMFS believes that the relatively early closure dates in 2022 
were due in part to high daily landings rates when the time periods 
were open in the summer and fall. Based on a review of average daily 
landings rates, without the use of RFDs, NMFS likely would have needed 
to close the June through November time periods much earlier if the 
RFDs were not in place. These high landings rates continued into 
December 2022, resulting in that time period closing after 10 days, 
much earlier than in 2018 through 2021. The

[[Page 13775]]

use of RFDs in 2022 from June through November paced the landings as 
much as possible and extended the fishing opportunities for the June 
through November time periods. The current proposal to extend RFDs into 
December of 2023 and January through March of 2024 should similarly 
increase fishing opportunities throughout all time periods.

                       Table 1--General Category Closure Dates by Time Period (2018-2022)
----------------------------------------------------------------------------------------------------------------
                                                          Time period
             ---------------------------------------------------------------------------------------------------
    Year         January through                                                October through
                      March          June through August        September           November         December
----------------------------------------------------------------------------------------------------------------
2018........  Mar 2...............  Aug 31..............  Sept 23.............  Closed Oct 5;    Dec 31.
                                                                                 Reopened Oct
                                                                                 31 through Nov
                                                                                 2; Reopened
                                                                                 Nov 12 through
                                                                                 Nov 26.
2019........  Feb 28..............  Aug 8...............  Sept 13.............  Oct 13.........  Dec 31.
2020........  Feb 24..............  Aug 31..............  Sept 27.............  Closed Oct 9;    Dec 14.
                                                                                 Reopened Oct
                                                                                 28-29;
                                                                                 Reopened Nov 7-
                                                                                 8.
2021........  Feb 27..............  Aug 4...............  Sept 23.............  Nov 30.........  Closed Dec 14;
                                                                                                  Reopened Dec
                                                                                                  20-23.
2022........  Feb 11..............  Aug 10..............  Sept 19.............  Oct 24.........  Dec 10.
----------------------------------------------------------------------------------------------------------------

    Table 2 shows the average ex-vessel price per pound of BFT during 
each General category time period for 2018 through 2022 adjusted to 
real 2022 dollars using the Gross Domestic Product (GDP) deflator. Ex-
vessel price per pound was lower for the September time period, with an 
average (2018 through 2022) of $6.65, and varied over the summer and 
fall period, with averages of $6.97 for the June through August time 
period and $7.03 for the October through November time period. In 2022, 
the average price per pound was higher for the January through March 
time period compared to the average price per pound during the time 
periods in 2021. In most time periods, the 2022 average price per pound 
was also higher than the 2020 average price per pound. NMFS believes 
that this increase in average price was in part due to the use of RFDs 
in 2022.

  Table 2--Average Ex-Vessel Price per Pound ($) of BFT by General Category Time Period (2018-2022) Adjusted to
                                               Real 2022 Dollars *
----------------------------------------------------------------------------------------------------------------
                                                                    Time period
                                 -------------------------------------------------------------------------------
              Year                                                                    October
                                      January      June through      September        through        December
                                   through March      August                         November
----------------------------------------------------------------------------------------------------------------
2018............................           $8.72           $8.05           $7.59           $8.75          $11.03
2019............................            6.97            6.41            7.25            6.28           13.91
2020............................            6.93            5.56            5.86            6.27            6.44
2021 **.........................            6.87            7.53            6.53            7.78            8.97
2022 **.........................            8.76            7.30            6.02            6.09            7.19
2018 through 2022 average.......            7.65            6.97            6.65            7.03            9.51
----------------------------------------------------------------------------------------------------------------
* Adjusted using the Gross Domestic Product (GDP) Deflator.
** The October through November and December numbers do not use the 4th quarter GDP Deflator because it is not
  yet currently available.

    Table 3 shows the number and total weight of BFT that were landed 
but not sold by fishermen fishing under the General category quota for 
2018 through 2022. The number and weight of unsold BFT increased from 
2018 through 2022 with a peak in 2020 (143 BFT and 25.8 mt) in part due 
to the COVID-19 pandemic, and substantial decrease in 2021 (from 143 to 
12 BFT and 25.8 mt to 2.0 mt), followed by an increase in 2022 (48 BFT 
and 9.1 mt). NMFS believes this increase is in part due to an influx of 
domestically caught BFT entering the market at one time resulting in 
dealers limiting their purchases of BFT leading to General category 
participants. This situation resulted in unprecedented high landings 
days in several time periods and BFT fishermen having a difficult time 
finding buyers for landed BFT.

   Table 3--Number (Count) and Weight (mt) of BFT Landed but Unsold by
            General Category Participants by Year (2018-2022)
------------------------------------------------------------------------
                                                                 Weight
                       Year                           Count       (mt)
------------------------------------------------------------------------
2018..............................................         14        2.6
2019..............................................         20        3.8
2020..............................................        143       25.8
2021..............................................         12        2.0
2022..............................................         48        9.1
                                                   ---------------------
  Total...........................................        237       43.3
------------------------------------------------------------------------

    NMFS is proposing to establish a schedule of RFDs for parts of the 
2023 and 2024 fishing years that would specify days on which fishing 
and sales will not occur. Specifically, for the 3 time periods from 
June through November, the proposed schedule allows for 2-consecutive 
2-day periods each week for BFT product to move through the market 
while also allowing some commercial fishing activity to occur each 
weekend (i.e., Sundays). For the December and January through March 
time periods, the proposed schedule would allow for extended fishing 
opportunity while pacing the BFT landings over a span of time. Because 
this schedule of RFDs would apply to all participants equally, NMFS 
anticipates that this schedule would

[[Page 13776]]

extend fishing opportunities through a greater proportion of the time 
periods in which they apply by spreading fishing effort out over time 
similar to the 2022 fishing season. Further, to the extent that the ex-
vessel revenue for a BFT sold by a General or HMS Charter/Headboat 
permitted vessel (with a commercial endorsement) may be higher when a 
lower volume of domestically caught BFT is on the market at one time, 
the use of RFDs may result in some increase in BFT price, and the value 
of the General category time period subquotas could increase similar to 
that of 2022. Thus, although NMFS anticipates that the same overall 
amount of the General category quota would be landed as well as the 
same amount of BFT landed per vessel, there may be some positive 
impacts to the General category and Charter/Headboat (commercial) BFT 
fishery small businesses. Using RFDs may more equitably distribute 
fishing opportunities across all permitted vessels for longer durations 
within each General category time period.
    If NMFS does not implement a schedule, without any other changes, 
it is possible that the General category could have fewer open days 
later in the fishing season when ex-vessel prices tend to be higher 
(Table 1) as observed in 2018 through 2022. Additionally, without RFDs 
the trends of increasing numbers of unsold BFT (Table 3) and decreasing 
ex-vessel prices (Table 2) from 2018 through 2020 could continue. If 
those trends were to continue, all active General category permit 
holders could experience negative economic impacts similar to 2019, 
2020, and 2022 where dealers were limiting their purchases of BFT and 
buying no or very few BFT on certain days in order to extend the 
available quota.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Statistics, 
Treaties.

    Dated: February 27, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-04316 Filed 3-3-23; 8:45 am]
BILLING CODE 3510-22-P