[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Rules and Regulations]
[Pages 30234-30235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10023]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193]
RTID 0648-XC894


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the Angling Category Gulf of Mexico Incidental 
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 Angling category Gulf of Mexico incidental 
fishery for large medium and giant (``trophy'' (i.e., measuring 73 
inches (185 cm) curved fork length or greater)) Atlantic bluefin tuna 
(BFT). 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, May 9, 2023, through December 
31, 2023.

FOR FURTHER INFORMATION CONTACT: Ann Williamson, 
[email protected], 301-427-8503, Larry Redd, Jr., 
[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 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 
and after the effective date and time of a closure action 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 Gulf of Mexico.

Angling Category Large Medium and Giant Gulf of Mexico ``Trophy'' 
Fishery Closure

    Based on landings data from the NMFS Automated Catch Reporting 
System, as well as average catch rates and anticipated fishing 
conditions, NMFS projects the Angling category Gulf of Mexico 
incidental 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 
in 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 May 9, 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 further overharvest of 
the Angling category Gulf of Mexico incidental 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://

[[Page 30235]]

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 further 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 Gulf of Mexico incidental 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: May 5, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-10023 Filed 5-8-23; 4:15 pm]
BILLING CODE 3510-22-P