Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Angling Category Retention Limit Adjustment, 28430-28432 [2023-09420]
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28430
Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Rules and Regulations
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
V. Congressional Review Act
List of Subjects in 40 CFR Part 180
ddrumheller on DSK120RN23PROD with RULES1
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: May 1, 2023.
Frank Ellis,
Acting Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR part
180 as follows:
16:25 May 03, 2023
Jkt 259001
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Add § 180.1403 to subpart D to read
as follows:
■
§ 180.1403 Ledprona; temporary
exemption from the requirement of a
tolerance.
A temporary exemption from the
requirement of a tolerance is established
for residues of Ledprona in or on potato
when used in accordance with the terms
of Experimental Use Permit No. 94614–
EUP–1. This temporary exemption from
the requirement of a tolerance expires
on April 30, 2025.
[FR Doc. 2023–09486 Filed 5–3–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 220919–0193]
RTID 0648–XC917
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
Angling Category Retention Limit
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; retention limit
adjustment.
AGENCY:
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
VerDate Sep<11>2014
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
NMFS has determined, based
on consideration of the regulatory
determination criteria regarding
inseason adjustments, that the Atlantic
bluefin tuna (BFT) daily retention limit
that applies to Highly Migratory Species
(HMS) Angling and HMS Charter/
Headboat permitted vessels (when
fishing recreationally for BFT) should be
adjusted for the remainder of 2023.
NMFS is adjusting the Angling category
BFT daily retention limit from the
default of one school, large school, or
small medium BFT to: two school BFT
and one large school/small medium BFT
per vessel per day/trip for private
vessels with HMS Angling permits;
three school BFT and one large school/
small medium BFT per vessel per day/
trip for charter boat vessels with HMS
Charter/Headboat permits when fishing
recreationally; and six school BFT and
SUMMARY:
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two large school/small medium BFT per
vessel per day/trip for headboat vessels
with HMS Charter/Headboat permits
when fishing recreationally. These
retention limits are effective in all areas,
except for the Gulf of Mexico, where
targeted fishing for BFT is prohibited.
DATES: Effective May 3, 2023 through
December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Lisa
Crawford, lisa.crawford@noaa.gov, 301–
427–8503; Larry Redd, Jr., larry.redd@
noaa.gov, 301–427–8503; Nicholas
Velseboer, nicholas.velseboer@
noaa.gov, 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
Atlantic HMS FMP and its amendments.
NMFS is required under the MagnusonStevens 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 § 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 Angling category baseline quota is
297.4 mt. This baseline quota is further
subdivided into subquotas by size class
(see Table 1) as follows: 134.1 mt for
school BFT, 154.1 mt for large school/
small medium BFT, and 9.2 mt for large
medium/giant BFT. Large school and
small medium BFT traditionally have
been managed as one size class, i.e., a
limit of one large school/small medium
BFT (measuring 47 to less than 73
inches, 119 to less than 150 cm).
Similarly, large medium and giant BFT
traditionally have been managed as one
size class that is also known as the
‘‘trophy’’ class. Currently, the default
Angling category daily retention limit of
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Rules and Regulations
one school, large school, or small
medium BFT is in effect and applies to
HMS Angling and HMS Charter/
Headboat permitted vessels (when
28431
fishing recreationally for BFT)
(§ 635.23(b)(2)).
TABLE 1—BFT SIZE CLASSES
Size class
Curved fork length
ddrumheller on DSK120RN23PROD with RULES1
School .............................................
Large school ...................................
Small medium .................................
Large medium .................................
Giant ................................................
27
47
59
73
81
to less than 47 inches (68.5 to less than 119 cm).
to less than 59 inches (119 to less than 150 cm).
to less than 73 inches (150 to less than 185 cm).
to less than 81 inches (185 to less than 206 cm).
inches or greater (206 cm or greater).
Adjustment of Angling Category Daily
Retention Limit
Under § 635.23(b)(3), NMFS may
increase or decrease the Angling
category retention limit for any size
class of BFT after considering
determination criteria provided under
§ 635.27(a)(7). Also under § 635.23(b)(3),
recreational retention limits may be
adjusted separately for specific vessel
type, such as private vessels, headboats,
or charter boats.
NMFS has considered all of the
relevant determination criteria and their
applicability to the change in the
Angling category retention limit. After
considering these criteria, NMFS has
decided to adjust the Angling category
retention limits as follows:
(1) For private vessels with HMS
Angling permits, this action adjusts the
limit upwards to two school BFT and
one large school/small medium BFT per
vessel per day/trip (i.e., two BFT
measuring 27 to less than 47 inches
(68.5 to less than 119 cm) and one BFT
measuring 47 to less than 73 inches (119
to less than 185 cm)).
(2) For charter boat vessels with HMS
Charter/Headboat permits, this action
adjusts the limit upwards to three
school BFT and one large school/small
medium BFT per vessel per day/trip
when fishing recreationally for BFT (i.e.,
three BFT measuring 27 to less than 47
inches (68.5 to less than 119 cm) and
one BFT measuring 47 to less than 73
inches (119 to less than 185 cm)).
(3) For headboat vessels with HMS
Charter/Headboat permits, this action
adjusts the limit upwards to six school
BFT and two large school/small
medium BFT per vessel per day/trip
when fishing recreationally for BFT (i.e.,
six BFT measuring 27 to less than 47
inches (68.5 to less than 119 cm) and
one BFT measuring 47 to less than 73
inches (119 to less than 185 cm)).
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example, whether a
private vessel (fishing under the
Angling category retention limit) takes a
2-day trip or makes two trips in 1 day,
the day/trip limit of two school BFT and
VerDate Sep<11>2014
16:25 May 03, 2023
Jkt 259001
one large school/small medium BFT
applies and may not be exceeded upon
landing.
Consideration of the Determination
Criteria
Regarding the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 635.27(a)(7)(i)), biological
samples collected from BFT landed by
recreational fishermen continue to
provide NMFS with valuable parts and
data for ongoing scientific studies of
BFT age and growth, migration, and
reproductive status. Additional
opportunity to land BFT would support
the continued collection of a broad
range of data for these studies and for
stock monitoring purposes.
NMFS also considered recent catches
of the Angling category quota to date
and the likelihood of closure of that
segment of the fishery if no adjustment
is made (§ 635.27(a)(7)(ii)).
Additionally, NMFS considered Angling
category landings in 2022, which were
approximately 93 percent of the 245.9mt annual Angling category quota in
2022, including landings of
approximately 36 percent of the
available school BFT quota in 2022,
under the same daily retention limits as
implemented in this action. Thus,
absent retention limit adjustment,
NMFS anticipates that the available
2023 Angling category quota would not
be harvested under the default retention
limit.
NMFS also considered the effects of
the adjustment on the BFT stock and the
effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS FMP
(§ 635.27(a)(7)(v) and (vi)). These
retention limits would be consistent
with established quotas and subquotas,
which are implemented consistent with
ICCAT recommendations, (established
in Recommendation 21–07), ATCA, and
the objectives of the 2006 Consolidated
HMS FMP and amendments. In
establishing these quotas and subquotas
and associated management measures,
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Fmt 4700
Sfmt 4700
ICCAT and NMFS considered the best
scientific information available,
objectives for stock management and
status, and effects on the stock. These
retention limits are in line with the
established management measures and
stock status determinations. It is also
important that NMFS limit landings to
the subquotas both to adhere to the FMP
quota allocations and to ensure that
landings are as consistent as possible
with the pattern of fishing mortality
(e.g., fish caught at each age) that was
assumed in the latest stock assessment,
and these retention limits are consistent
with those objectives. Another principal
consideration in setting the retention
limit is the objective of providing
opportunities to harvest the available
Angling category quota without
exceeding the available quota, based on
the objectives of the 2006 Consolidated
HMS FMP and its amendments,
including to achieve optimum yield on
a continuing basis and to allow all
permit categories a reasonable
opportunity to harvest available BFT
quota allocations (related to
§ 635.27(a)(7)(x)).
NMFS considered input on
recreational limits from the HMS
Advisory Panel at its May and
September 2022 meetings and that
ICCAT recommendations and HMS
implementing regulations limit the
allowance for landings of school BFT to
10 percent of the U.S. baseline quota
(i.e., 134.1 mt). The 2022 school BFT
landings represented approximately 3.5
percent of the total U.S. quota for 2022,
well under the ICCAT recommended 10percent limit. NMFS is not setting
higher school BFT limits than the
adjustments listed due to the potential
risk of exceeding the ICCAT tolerance
limit on school BFT and other
considerations, such as potential effort
shifts to BFT fishing as a result of
current recreational retention limits for
New England groundfish and striped
bass as well as high variability in BFT
availability.
Given that the Angling category
landings fell short of the available
Angling category quota in 2022, even
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Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Rules and Regulations
with the retention limit adjustments,
and considering the regulatory criteria
above, NMFS has determined that the
Angling category retention limits
applicable to HMS Angling and HMS
Charter/Headboat permitted vessels
should be adjusted upwards from the
default levels.
NMFS has also concluded that
implementation of separate limits for
private, charter boat, and headboat
vessels is appropriate, recognizing the
different nature, social and economic
needs, and recent landings results of the
two components of the recreational BFT
fishery. For example, charter operators
historically have indicated that a
retention limit greater than the default
limit of one fish is vital to their ability
to attract customers. In addition, Large
Pelagics Survey estimates indicate that
charter/headboat BFT landings averaged
43 percent of recent recreational
landings for 2022, with the remaining
57 percent landed by private vessels.
NMFS has further concluded that a
higher limit for headboats (than charter
boats) is appropriate, given the limited
number of headboats participating in
the BFT fishery.
NMFS anticipates that the BFT daily
retention limits in this action will result
in landings during 2023 that would not
exceed the available subquotas. Lower
retention limits could result in
substantial underharvest of the Angling
category subquota, and increasing the
daily limits further may risk exceeding
the available quota, contrary to the
objectives of the 2006 Consolidated
HMS FMP and amendments.
ddrumheller on DSK120RN23PROD with RULES1
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery closely. 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 the
end of each trip, by accessing https://
www.hmspermits.noaa.gov or by 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
VerDate Sep<11>2014
16:25 May 03, 2023
Jkt 259001
may determine that additional retention
limit adjustments or closures are
necessary to ensure available quota is
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.
HMS Angling and HMS Charter/
Headboat permit holders 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 § 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.
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 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 prior notice and opportunity
for public comment on this daily
retention limit adjustment for the
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Fmt 4700
Sfmt 9990
remainder of 2023 at this time is
impracticable. NMFS could not have
proposed this action earlier, as it needed
to consider and respond to updated
landings data from the 2022 Angling
category. If NMFS was to offer a public
comment period or delay in effective
date now, after having appropriately
considered that information, it would
preclude the fishery from harvesting
BFT that are available on the fishing
grounds that might otherwise become
unavailable during a delay, and/or
could result in selection of a retention
limit inappropriately high or low for the
amount of quota available for the
period.
Fisheries under the Angling category
daily retention limit are currently
underway and thus prior notice would
be contrary to the public interest. Delays
in increasing daily recreational BFT
retention limit would adversely affect
those HMS Angling and HMS Charter/
Headboat permitted vessels that would
otherwise have an opportunity to
harvest more than the default retention
limit of one school, large school, or
small medium BFT per day/trip and
may exacerbate the problem of low
catch rates and quota rollovers. Analysis
of available data shows that adjustment
to the BFT daily retention limit from the
default level would result in minimal
risk of exceeding the ICCAT-allocated
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 also is good cause to waive the 30day delay in effective date.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: April 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–09420 Filed 5–3–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Rules and Regulations]
[Pages 28430-28432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09420]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193]
RTID 0648-XC917
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Angling Category Retention Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined, based on consideration of the regulatory
determination criteria regarding inseason adjustments, that the
Atlantic bluefin tuna (BFT) daily retention limit that applies to
Highly Migratory Species (HMS) Angling and HMS Charter/Headboat
permitted vessels (when fishing recreationally for BFT) should be
adjusted for the remainder of 2023. NMFS is adjusting the Angling
category BFT daily retention limit from the default of one school,
large school, or small medium BFT to: two school BFT and one large
school/small medium BFT per vessel per day/trip for private vessels
with HMS Angling permits; three school BFT and one large school/small
medium BFT per vessel per day/trip for charter boat vessels with HMS
Charter/Headboat permits when fishing recreationally; and six school
BFT and two large school/small medium BFT per vessel per day/trip for
headboat vessels with HMS Charter/Headboat permits when fishing
recreationally. These retention limits are effective in all areas,
except for the Gulf of Mexico, where targeted fishing for BFT is
prohibited.
DATES: Effective May 3, 2023 through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Lisa Crawford, [email protected],
301-427-8503; Larry Redd, Jr., [email protected], 301-427-8503;
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 Atlantic 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
Angling category baseline quota is 297.4 mt. This baseline quota is
further subdivided into subquotas by size class (see Table 1) as
follows: 134.1 mt for school BFT, 154.1 mt for large school/small
medium BFT, and 9.2 mt for large medium/giant BFT. Large school and
small medium BFT traditionally have been managed as one size class,
i.e., a limit of one large school/small medium BFT (measuring 47 to
less than 73 inches, 119 to less than 150 cm). Similarly, large medium
and giant BFT traditionally have been managed as one size class that is
also known as the ``trophy'' class. Currently, the default Angling
category daily retention limit of
[[Page 28431]]
one school, large school, or small medium BFT is in effect and applies
to HMS Angling and HMS Charter/Headboat permitted vessels (when fishing
recreationally for BFT) (Sec. 635.23(b)(2)).
Table 1--BFT Size Classes
------------------------------------------------------------------------
Size class Curved fork length
------------------------------------------------------------------------
School............................ 27 to less than 47 inches (68.5 to
less than 119 cm).
Large school...................... 47 to less than 59 inches (119 to
less than 150 cm).
Small medium...................... 59 to less than 73 inches (150 to
less than 185 cm).
Large medium...................... 73 to less than 81 inches (185 to
less than 206 cm).
Giant............................. 81 inches or greater (206 cm or
greater).
------------------------------------------------------------------------
Adjustment of Angling Category Daily Retention Limit
Under Sec. 635.23(b)(3), NMFS may increase or decrease the Angling
category retention limit for any size class of BFT after considering
determination criteria provided under Sec. 635.27(a)(7). Also under
Sec. 635.23(b)(3), recreational retention limits may be adjusted
separately for specific vessel type, such as private vessels,
headboats, or charter boats.
NMFS has considered all of the relevant determination criteria and
their applicability to the change in the Angling category retention
limit. After considering these criteria, NMFS has decided to adjust the
Angling category retention limits as follows:
(1) For private vessels with HMS Angling permits, this action
adjusts the limit upwards to two school BFT and one large school/small
medium BFT per vessel per day/trip (i.e., two BFT measuring 27 to less
than 47 inches (68.5 to less than 119 cm) and one BFT measuring 47 to
less than 73 inches (119 to less than 185 cm)).
(2) For charter boat vessels with HMS Charter/Headboat permits,
this action adjusts the limit upwards to three school BFT and one large
school/small medium BFT per vessel per day/trip when fishing
recreationally for BFT (i.e., three BFT measuring 27 to less than 47
inches (68.5 to less than 119 cm) and one BFT measuring 47 to less than
73 inches (119 to less than 185 cm)).
(3) For headboat vessels with HMS Charter/Headboat permits, this
action adjusts the limit upwards to six school BFT and two large
school/small medium BFT per vessel per day/trip when fishing
recreationally for BFT (i.e., six BFT measuring 27 to less than 47
inches (68.5 to less than 119 cm) and one BFT measuring 47 to less than
73 inches (119 to less than 185 cm)).
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example, whether a private vessel
(fishing under the Angling category retention limit) takes a 2-day trip
or makes two trips in 1 day, the day/trip limit of two school BFT and
one large school/small medium BFT applies and may not be exceeded upon
landing.
Consideration of the Determination Criteria
Regarding the usefulness of information obtained from catches in
the particular category for biological sampling and monitoring of the
status of the stock (Sec. 635.27(a)(7)(i)), biological samples
collected from BFT landed by recreational fishermen continue to provide
NMFS with valuable parts and data for ongoing scientific studies of BFT
age and growth, migration, and reproductive status. Additional
opportunity to land BFT would support the continued collection of a
broad range of data for these studies and for stock monitoring
purposes.
NMFS also considered recent catches of the Angling category quota
to date and the likelihood of closure of that segment of the fishery if
no adjustment is made (Sec. 635.27(a)(7)(ii)). Additionally, NMFS
considered Angling category landings in 2022, which were approximately
93 percent of the 245.9-mt annual Angling category quota in 2022,
including landings of approximately 36 percent of the available school
BFT quota in 2022, under the same daily retention limits as implemented
in this action. Thus, absent retention limit adjustment, NMFS
anticipates that the available 2023 Angling category quota would not be
harvested under the default retention limit.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the adjustment on accomplishing the objectives of
the 2006 Consolidated HMS FMP (Sec. 635.27(a)(7)(v) and (vi)). These
retention limits would be consistent with established quotas and
subquotas, which are implemented consistent with ICCAT recommendations,
(established in Recommendation 21-07), ATCA, and the objectives of the
2006 Consolidated HMS FMP and amendments. In establishing these quotas
and subquotas and associated management measures, ICCAT and NMFS
considered the best scientific information available, objectives for
stock management and status, and effects on the stock. These retention
limits are in line with the established management measures and stock
status determinations. It is also important that NMFS limit landings to
the subquotas both to adhere to the FMP quota allocations and to ensure
that landings are as consistent as possible with the pattern of fishing
mortality (e.g., fish caught at each age) that was assumed in the
latest stock assessment, and these retention limits are consistent with
those objectives. Another principal consideration in setting the
retention limit is the objective of providing opportunities to harvest
the available Angling category quota without exceeding the available
quota, based on the objectives of the 2006 Consolidated HMS FMP and its
amendments, including to achieve optimum yield on a continuing basis
and to allow all permit categories a reasonable opportunity to harvest
available BFT quota allocations (related to Sec. 635.27(a)(7)(x)).
NMFS considered input on recreational limits from the HMS Advisory
Panel at its May and September 2022 meetings and that ICCAT
recommendations and HMS implementing regulations limit the allowance
for landings of school BFT to 10 percent of the U.S. baseline quota
(i.e., 134.1 mt). The 2022 school BFT landings represented
approximately 3.5 percent of the total U.S. quota for 2022, well under
the ICCAT recommended 10-percent limit. NMFS is not setting higher
school BFT limits than the adjustments listed due to the potential risk
of exceeding the ICCAT tolerance limit on school BFT and other
considerations, such as potential effort shifts to BFT fishing as a
result of current recreational retention limits for New England
groundfish and striped bass as well as high variability in BFT
availability.
Given that the Angling category landings fell short of the
available Angling category quota in 2022, even
[[Page 28432]]
with the retention limit adjustments, and considering the regulatory
criteria above, NMFS has determined that the Angling category retention
limits applicable to HMS Angling and HMS Charter/Headboat permitted
vessels should be adjusted upwards from the default levels.
NMFS has also concluded that implementation of separate limits for
private, charter boat, and headboat vessels is appropriate, recognizing
the different nature, social and economic needs, and recent landings
results of the two components of the recreational BFT fishery. For
example, charter operators historically have indicated that a retention
limit greater than the default limit of one fish is vital to their
ability to attract customers. In addition, Large Pelagics Survey
estimates indicate that charter/headboat BFT landings averaged 43
percent of recent recreational landings for 2022, with the remaining 57
percent landed by private vessels. NMFS has further concluded that a
higher limit for headboats (than charter boats) is appropriate, given
the limited number of headboats participating in the BFT fishery.
NMFS anticipates that the BFT daily retention limits in this action
will result in landings during 2023 that would not exceed the available
subquotas. Lower retention limits could result in substantial
underharvest of the Angling category subquota, and increasing the daily
limits further may risk exceeding the available quota, contrary to the
objectives of the 2006 Consolidated HMS FMP and amendments.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. 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 the end of each trip, by accessing https://www.hmspermits.noaa.gov or by 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 retention limit adjustments or
closures are necessary to ensure available quota is 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.
HMS Angling and HMS Charter/Headboat permit holders 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 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.
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 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 prior notice and opportunity for public comment
on this daily retention limit adjustment for the remainder of 2023 at
this time is impracticable. NMFS could not have proposed this action
earlier, as it needed to consider and respond to updated landings data
from the 2022 Angling category. If NMFS was to offer a public comment
period or delay in effective date now, after having appropriately
considered that information, it would preclude the fishery from
harvesting BFT that are available on the fishing grounds that might
otherwise become unavailable during a delay, and/or could result in
selection of a retention limit inappropriately high or low for the
amount of quota available for the period.
Fisheries under the Angling category daily retention limit are
currently underway and thus prior notice would be contrary to the
public interest. Delays in increasing daily recreational BFT retention
limit would adversely affect those HMS Angling and HMS Charter/Headboat
permitted vessels that would otherwise have an opportunity to harvest
more than the default retention limit of one school, large school, or
small medium BFT per day/trip and may exacerbate the problem of low
catch rates and quota rollovers. Analysis of available data shows that
adjustment to the BFT daily retention limit from the default level
would result in minimal risk of exceeding the ICCAT-allocated 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 also 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: April 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-09420 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-22-P
