Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Mexico Incidental Trophy Fishery for 2023, 30234-30235 [2023-10023]

Download as PDF 30234 Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Rules and Regulations instruction in a final rule that published in the Federal Register on May 4, 2023. That rule finalizes the designation of critical habitat for the threatened slickspot peppergrass (Lepidium papilliferum) under the Endangered Species Act of 1973, as amended (Act). DATES: Effective June 5, 2023. FOR FURTHER INFORMATION CONTACT: Lisa Ellis, State Supervisor, U.S. Fish and Wildlife Service, Idaho Fish and Wildlife Office, 1387 S Vinnell Way, Room 368, Boise, ID 83709; telephone 208–378–5243. Individuals in the United States who are deaf, deafblind, hard of hearing, or have a speech disability may dial 711 (TTY, TDD, or TeleBraille) to access telecommunications relay services. Individuals outside the United States should use the relay services offered within their country to make international calls to the point-ofcontact in the United States. SUPPLEMENTARY INFORMATION: In the final rule that published in the Federal Register on May 4, 2023, at 88 FR 28874, the following correction is made: § 17.96 [Corrected] On page 28905, in the first column, amendment 3 is corrected to read, ‘‘3. Amend § 17.96(a) by adding an entry for ‘‘Family Brassicaceae: Lepidium papilliferum (slickspot peppergrass)’’ after the entry for ‘‘Family Brassicaceae: Leavenworthia texana (Texas golden gladecress)’’ to read as follows:’’ ■ Susan L. Wilkinson, Acting Chief, Policy and Regulations Branch, U.S. Fish and Wildlife Service. [FR Doc. 2023–10089 Filed 5–10–23; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 220919–0193] ddrumheller on DSK120RN23PROD with RULES1 RTID 0648–XC894 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Mexico Incidental Trophy Fishery for 2023 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: VerDate Sep<11>2014 17:00 May 10, 2023 Jkt 259001 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, ann.williamson@noaa.gov, 301–427–8503, Larry Redd, Jr., larry.redd@noaa.gov, 301–427–8503, or 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 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 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 SUMMARY: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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° N lat. (the Gulf of Maine area); south of 42° N lat. and north of 39°18′ N lat. (the southern New England area); south of 39°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 § 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-andrelease programs at § 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 § 635.21(a)(1). For additional information on safe handling, see the ‘‘Careful Catch and Release’’ brochure available at https:// E:\FR\FM\11MYR1.SGM 11MYR1 Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Rules and Regulations www.fisheries.noaa.gov/resource/ outreach-and-education/careful-catchand-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.). ddrumheller on DSK120RN23PROD with RULES1 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 VerDate Sep<11>2014 16:20 May 10, 2023 Jkt 259001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 230508–0124] RIN 0648–BL66 Fisheries Off West Coast States; West Coast Salmon Fisheries; 2023 Specifications and Management Measures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: Through this final rule, NMFS establishes fishery management measures for the 2023 ocean salmon fisheries off Washington, Oregon, and California, and the 2024 salmon seasons opening earlier than May 16, 2024, under the authority of the MagnusonStevens Fishery Conservation and Management Act (MSA). The fishery management measures vary by fishery and by area, and establish fishing areas, seasons, quotas, legal gear, recreational fishing days and catch limits, possession and landing restrictions, and minimum lengths for salmon taken in the U.S. Exclusive Economic Zone (EEZ) (3–200 nautical miles (nm); 5.6–370.4 kilometers (km)) off Washington, Oregon, and California. The management measures are intended to prevent overfishing and to apportion the ocean harvest equitably among treaty Indian, non-Indian commercial, and recreational fisheries. The measures are also intended to allow a portion of the salmon runs to escape the ocean fisheries in order to provide for spawning escapement, comply with applicable law, and to provide fishing opportunity for inside fisheries (fisheries occurring in state waters). DATES: This final rule is effective from 0001 hours Pacific daylight time, May 16, 2023, until the effective date of the 2024 management measures, as published in the Federal Register. ADDRESSES: The documents cited in this document are available on the Pacific Fishery Management Council’s (Council’s) website (www.pcouncil.org). FOR FURTHER INFORMATION CONTACT: Shannon Penna at 562–980–4239, Email: Shannon.Penna@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background The ocean salmon fisheries in the EEZ off the coasts of Washington, Oregon, PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 30235 and California are managed under a framework fishery management plan (FMP). Regulations at 50 CFR part 660, subpart H, provide the mechanism for making preseason and inseason adjustments to the management measures within limits set by the FMP by notification in the Federal Register. Regulations at 50 CFR 660.408 govern the establishment of annual management measures. Through this rule, NMFS is implementing the management measures for the 2023 and early 2024 ocean salmon fisheries that were recommended by the Council at its April 1 to 7, 2023, meeting and transmitted to NMFS on April 18, 2023. Process Used To Establish 2023 Management Measures The Council announced its annual preseason management process for the 2023 ocean salmon fisheries on the Council’s website at www.pcouncil.org (December 9, 2022), and in the Federal Register on December 12, 2021 (87 FR 76027). NMFS published an additional notice of opportunity to submit public comments on the 2023 ocean salmon fisheries in the Federal Register on January 12, 2023 (88 FR 2061). These notices announced the availability of Council documents, the dates and locations of Council meetings and public hearings comprising the Council’s complete schedule of events for determining the annual proposed and final modifications to ocean salmon fishery management measures, and instructions on how to comment on the development of the 2023 ocean salmon fisheries. The agendas for the March and April Council meetings were published in the Federal Register (88 FR 10095, February 16, 2023, and 88 FR 16239, March 16, 2023), and posted on the Council’s website prior to the meetings. In accordance with the FMP, the Council’s Salmon Technical Team (STT) and economist prepared four reports for the Council, its advisors, and the public. All four reports were made available on the Council’s website upon their completion. The first of the reports, ‘‘Review of 2022 Ocean Salmon Fisheries,’’ was prepared in February when the first increment of scientific information necessary for crafting management measures for the 2023 and early 2024 ocean salmon fisheries became available. The first report summarizes biological and socioeconomic data from the 2022 ocean salmon fisheries and assesses the performance of the fisheries with respect to the 2022 management objectives for salmon stocks and stock complexes as well as provides historical E:\FR\FM\11MYR1.SGM 11MYR1

Agencies

[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.

-----------------------------------------------------------------------

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
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