[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85517-85518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26933]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XD474]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category December 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 cm) curved fork length or 
greater) Atlantic bluefin tuna (BFT) for the remainder of the December 
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 January 1, 2024, the 
fishery will reopen automatically.

DATES: Effective 11:30 p.m., local time, December 6, 2023, through 
December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Becky Curtis, [email protected], 
301-427-8503; or Larry Redd, Jr., [email protected], 301-427-8503.

[[Page 85518]]


SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT 
fisheries, are managed under the 2006 Consolidated HMS Fishery 
Management Plan (FMP) and its amendments, pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 
16 U.S.C. 1801 et seq.) and consistent with the Atlantic Tunas 
Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS implementing 
regulations are 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.
    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 
current baseline quota for the General category is 710.7 mt. The 
General category baseline quota is suballocated to different time 
periods. Relevant to this action, the baseline subquota for the 
December time period is 37 mt. To date for 2023, NMFS published two 
actions that adjusted the General category December 2023 time period 
quota, most recently to 48.7 mt (88 FR 786, January 5, 2023; 88 FR 
77903, November 14, 2023).
    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.

Closure of the December 2023 General Category Fishery

    To date, reported landings for the General category December time 
period total 38.6 mt. Based on these landings, NMFS has determined that 
the adjusted December time period subquota of 48.7 mt is projected to 
be reached and exceeded shortly. 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 December 6, 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 January 1, 2024, for the January through March 
2024 time period with a retention limit of one large medium or giant 
BFT per vessel per day/trip.
    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 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 adjustments, 
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 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.).
    After the fishery reopens on January 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 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, based on landings information, the available 
time period subquota is projected to be reached shortly. Delaying this 
action could result in BFT landings exceeding the adjusted December 
time period subquota. Taking this action does not raise conservation or 
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 
effective date.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: December 4, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2023-26933 Filed 12-5-23; 4:15 pm]
BILLING CODE 3510-22-P