[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Pages 50807-50808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16445]



[[Page 50807]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XD160]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the Harpoon Category 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 Harpoon category fishery for large medium and 
giant (i.e., measuring 73 inches (185 cm) curved fork length (CFL) or 
greater) Atlantic bluefin tuna (BFT) for the remainder of the 2023 
fishing year. This closure applies to Atlantic Tunas Harpoon category 
permitted vessels.

DATES: Effective 11:30 p.m., local time, July 30, 2023, through 
December 31, 2023.

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

SUPPLEMENTARY INFORMATION: Atlantic highly migratory species (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 a quota category is prohibited on or 
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 relevant subsequent quota period, or until such date as specified.
    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 
Harpoon category baseline quota is 59.2 mt. Effective July 21, 2023, 
NMFS transferred 10.8 mt from the Reserve category to the Harpoon 
category, resulting in an adjusted quota of 70.0 mt for the Harpoon 
category and 27.4 mt for the Reserve category (88 FR 48136, July 26, 
2023). As described under Sec.  635.27(a)(4), the Harpoon category 
quota is only available between June 1 and November 15 of each year.

Harpoon Category Closure

    To date, reported landings for the Harpoon category total 
approximately 68.5 mt. Based on these landings data, as well as average 
catch rates and anticipated fishing conditions, NMFS projects that the 
Harpoon category adjusted subquota of 70.0 mt will be reached shortly. 
Therefore, retaining, possessing, or landing large medium or giant 
(i.e., measuring 73 inches (185 cm) CFL or greater) BFT by persons 
aboard vessels permitted in the Atlantic tunas Harpoon category must 
cease at 11:30 p.m. local time on July 30, 2023. The Harpoon category 
BFT fishery will be closed for the remainder of the Harpoon category 
season, which ends November 15, 2023, and thus for the year. The 
Harpoon category will reopen automatically on June 1, 2024, for the 
2024 fishing season. This action applies to Atlantic Tunas Harpoon 
category (commercial) permitted vessels, and is taken consistent with 
the regulations at Sec.  635.28(a)(1).

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 
implement actions in a timely manner 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, 
Harpoon 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.).
    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 the available quota for the category is 
projected to be reached shortly. Delaying this action could result in 
BFT landings exceeding the Harpoon category quota. 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 finds that pursuant to 5 
U.S.C. 553(d), there is also good cause to waive the 30-day delay in 
effective date.
    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.


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    Dated: July 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-16445 Filed 7-28-23; 4:15 pm]
BILLING CODE 3510-22-P