Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category January Through March Fishery for 2023, 10058-10059 [2023-03280]

Download as PDF 10058 Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Rules and Regulations TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued State citation * State effective date Title/subject * * EPA approval date * Additional explanation * * * Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board), Subchapter 1.5 (Air Basins and Air Quality Standards), Article 1 (Description of California Air Basins) 60100 (paragraph (e), only) .......... North Coast Basin ......................... 7/5/1978 [Insert Federal Register citation], 2/16/ 2023. 60113 ............................................ Lake Tahoe Air Basin ................... 1/30/1976 [Insert Federal Register citation], 2/16/ 2023. * * * * Paragraph (e) of 17 CCR 60100 defines the Sonoma County portion of the North Coast Basin and is relied upon by CARB’s Innovative Clean Transit regulation. The definition of ‘‘Lake Tahoe Air Basin’’ is relied upon by CARB’s Innovative Clean Transit regulation. * * * Title 17 (Public Health), Division 3 (Air Resources), Chapter 1 (Air Resources Board), Subchapter 10 (Climate Change), Article 4 (Regulations to Achieve Greenhouse Gas Emission Reductions), Subarticle 7 (Low Carbon Fuel Standard) 95481 (paragraphs (a)(20) (‘‘Biomethane’’), (a)(27) (‘‘Compressed Natural Gas (CNG)’’), and (a)(123) (‘‘Renewable Hydrocarbon Diesel’’), only). * Definitions and Acronyms ............. * * 1/4/2019 [Insert Federal Register citation], 2/16/ 2023. * Certain definitions in 17 CCR 95481 are relied upon by CARB’s Innovative Clean Transit regulation. * * * 1 Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e). DEPARTMENT OF COMMERCE [FR Doc. 2023–03275 Filed 2–15–23; 8:45 am] BILLING CODE 6560–50–P National Oceanic and Atmospheric Administration DEPARTMENT OF DEFENSE 50 CFR Part 635 GENERAL SERVICES ADMINISTRATION [Docket No. 220919–0193; RTID 0648– XC720] Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category January Through March Fishery for 2023 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 2 Federal Acquisition Regulation; Technical Amendments National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. Correction SUMMARY: AGENCY: lotter on DSK11XQN23PROD with RULES1 [FAC 2023–02; Item III; Docket No. FAR– 2023–0052; Sequence No.1] In rule document 2023–02427, appearing on page 9739, in the issue of Tuesday, February 14, 2023, make the following correction: On page 9739, in the first column, in the DATES section, ‘‘February 14, 2023’’ should read ‘‘March 16, 2023’’. [FR Doc. C1–2023–02427 Filed 2–15–23; 8:45 am] BILLING CODE 0099–10–P VerDate Sep<11>2014 19:15 Feb 15, 2023 Jkt 259001 NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches (185 centimeters) curved fork length or greater) Atlantic bluefin tuna (BFT) for the January through March subquota 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 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 fishing commercially for BFT. Fishermen aboard General category permitted vessels and HMS Charter/ Headboat permitted vessels may tagand-release BFT of all sizes, subject to the requirements of the catch-andrelease and tag-and-release programs. On June 1, 2023, the fishery will reopen automatically. DATES: Effective 11:30 p.m., local time, February 14, 2023, through March 31, 2023. FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., larry.redd@noaa.gov, 301–427–8503, Ann Williamson, ann.williamson@noaa.gov, 301–427– 8503, or Nicholas Velseboer, nicholas.velseboer@noaa.gov, 978–281– 9260. 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\16FER1.SGM 16FER1 Federal Register / Vol. 88, No. 32 / Thursday, February 16, 2023 / Rules and Regulations 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 § 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. The current baseline quota for the General category is 710.7 metric tons (mt). The General category baseline quota is suballocated to different time periods. Relevant to this action, the baseline subquota for the January through March time period is 37.7 mt. As a result of a prior adjustment, the adjusted subquota for the January through March time period is 58.2 mt (88 FR 786, January 5, 2023). lotter on DSK11XQN23PROD with RULES1 Closure of the January Through March 2023 General Category Fishery To date, reported landings for the General category January through March subquota time period total approximately 60.6 mt. Based on these landings, NMFS has determined that the adjusted 2023 subquota of 58.2 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 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 February 14, 2023. This action applies to Atlantic Tunas General category (commercial) permitted vessels VerDate Sep<11>2014 19:15 Feb 15, 2023 Jkt 259001 and HMS Charter/Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT and is taken consistent with the regulations at § 635.28(a)(1). The General category will automatically reopen June 1, 2023, for the June through August 2023 subquota time period. Fishermen aboard General category permitted vessels and HMS Charter/ Headboat permitted vessels may catchand-release and tag-and-release BFT of all sizes, subject to the requirements of the catch-and-release and tag-andrelease programs at § 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 § 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-catchand-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 adjustment, 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 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 June 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 PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 10059 Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at 978–281–9260, or access 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), 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 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. This fishery is currently underway and, based on landings information, delaying this action could result in BFT landings further exceeding the adjusted January through March 2023 General category subquota. 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 13, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–03280 Filed 2–13–23; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\16FER1.SGM 16FER1

Agencies

[Federal Register Volume 88, Number 32 (Thursday, February 16, 2023)]
[Rules and Regulations]
[Pages 10058-10059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03280]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XC720]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category January Through March 
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 centimeters) curved fork length 
or greater) Atlantic bluefin tuna (BFT) for the January through March 
subquota 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 June 1, 2023, 
the fishery will reopen automatically.

DATES: Effective 11:30 p.m., local time, February 14, 2023, through 
March 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

[[Page 10059]]

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 
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.
    The current baseline quota for the General category is 710.7 metric 
tons (mt). The General category baseline quota is suballocated to 
different time periods. Relevant to this action, the baseline subquota 
for the January through March time period is 37.7 mt. As a result of a 
prior adjustment, the adjusted subquota for the January through March 
time period is 58.2 mt (88 FR 786, January 5, 2023).

Closure of the January Through March 2023 General Category Fishery

    To date, reported landings for the General category January through 
March subquota time period total approximately 60.6 mt. Based on these 
landings, NMFS has determined that the adjusted 2023 subquota of 58.2 
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 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 February 14, 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 June 1, 2023, for the June through August 2023 
subquota time period.
    Fishermen aboard General category permitted vessels and HMS 
Charter/Headboat permitted vessels may catch-and-release and 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 adjustment, 
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 
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 June 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 call the Atlantic Tunas Information Line at 978-281-9260, 
or access 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), 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 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. This fishery is currently underway and, based on landings 
information, delaying this action could result in BFT landings further 
exceeding the adjusted January through March 2023 General category 
subquota. 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 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-03280 Filed 2-13-23; 4:15 pm]
BILLING CODE 3510-22-P

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