Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Southern New England Area Trophy Fishery for 2023, 37175-37176 [2023-12173]

Download as PDF Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Rules and Regulations final rule published in the Federal Register on April 12, 2023 entitled ‘‘Contract Year 2024 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, Medicare Cost Plan Program, and Programs of All-Inclusive Care for the Elderly.’’ This correcting document is effective June 5, 2023. FOR FURTHER INFORMATION CONTACT: Lucia Patrone, (410) 786–8621. SUPPLEMENTARY INFORMATION: DATES: I. Background In FR Doc. 2023–07115 of April 12, 2023 (88 FR 22120), there were a few technical errors that are identified and corrected in this correcting document. The provisions in this correction document are effective as if they had been included in the document published April 12, 2023. Accordingly, the corrections are effective June 5, 2023. II. Summary of Errors in the Regulations Text On pages 22332 and 22338, we made technical errors in the regulations text amendatory instructions for §§ 422.164 and 423.186. lotter on DSK11XQN23PROD with RULES1 III. Waiver of Proposed Rulemaking and Delay in Effective Date We ordinarily publish a notice of proposed rulemaking in the Federal Register and invite public comment on the proposed rule in accordance with section 1871(b)(1) of the Social Security Act (the Act) and 5 U.S.C. 553(b) of the Administrative Procedure Act (APA). In particular, section 1871 of the Act requires a minimum 60 day period for public comment. The notice of proposed rulemaking includes a reference to the legal authority under which the rule is proposed, and the terms and substances of the proposed rule or a description of the subjects and issues involved. In addition, section 553(d) of the APA, and section 1871(e)(1)(B)(i) of the Act mandate a 30-day delay in effective date after issuance or publication of a rule. Per APA sections 553(b)(B) and (d)(3) and section 1871(b)(2)(C) and (e)(1)(B)(ii) of the Act, there procedures can be waived if an agency finds good cause that a notice-and-comment procedure is impracticable, unnecessary, or contrary to the public interest and incorporates a statement of the finding and its reasons in the rule issued. We believe that this final rule correcting document does not constitute a rule that would be subject to the VerDate Sep<11>2014 16:07 Jun 06, 2023 Jkt 259001 notice and comment or delayed effective date requirements. This document merely corrects typographical and technical errors in the final rule, but it does not make substantive changes to the policies or the implementing regulations that were adopted in the final rule. As a result, this final rule correcting document is intended to ensure that the information in the final rule accurately reflects the policies and regulatory amendments adopted in that document. In addition, even if this were a rule to which the notice and comment procedures and delayed effective date requirements applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the minor corrections in this document into the final rule or delaying the effective date would be unnecessary, as we are not altering our policies or regulatory changes, but rather, we are simply implementing correctly the policies and regulatory changes that we previously proposed, requested comment on, and subsequently finalized. This final rule correcting document is intended solely to ensure that the final rule accurately reflects these policies and regulatory changes. Furthermore, such notice and comment procedures would be contrary to the public interest because it is in the public’s interest to ensure that the final rule accurately reflects our policies and regulatory changes. Therefore, we believe we have good cause to waive the notice and comment and effective date requirements. Correction of Errors In FR Doc. 2023–07115 of April 12, 2023 (88 FR 22120), make the following corrections: § 422.166 [Corrected] 1. On page 22332, in the third column, in § 422.166, in amendatory instruction 17c, line 1, the phrase ‘‘Revising paragraphs (g)(1), (i)(3)(iv)’’ is corrected to read ‘‘Revising paragraphs (g)(1) introductory text, (i)(3)(iv)’’. ■ § 423.186 [Corrected] 2. On page 22338, in the first column, in § 423.186, in amendatory instruction 40c, line 1, the phrase ‘‘Revising paragraphs (g)(1), (i)(7)(i)’’ is corrected to read ‘‘Revising paragraphs (g)(1) introductory text, (i)(7)(i)’’. ■ Elizabeth J. Gramling, Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2023–12098 Filed 6–2–23; 4:15 pm] BILLING CODE 4120–01–P PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 37175 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 220919–0193] RTID 0648–XD039 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Southern New England Area Trophy Fishery for 2023 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the Angling category southern New England area 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, June 5, 2023, through December 31, 2023. SUMMARY: FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., larry.redd@noaa.gov, 301–427–8503 or Ann Williamson, ann.williamson@noaa.gov, 301–427– 8503. 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. SUPPLEMENTARY INFORMATION: E:\FR\FM\07JNR1.SGM 07JNR1 37176 Federal Register / Vol. 88, No. 109 / Wednesday, June 7, 2023 / Rules and Regulations 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. As of January 1, 2023, the previous Angling category Trophy North subquota area was divided into two zones: north and south of 42° N lat. (off Chatham, MA) (87 FR 59966, October 3, 2022). These newly formed areas are named the Gulf of Maine Trophy area and the Southern New England Trophy area. 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° 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 southern New England area. lotter on DSK11XQN23PROD with RULES1 Angling Category Large Medium and Giant Southern New England ‘‘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 southern New England area 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) VerDate Sep<11>2014 16:07 Jun 06, 2023 Jkt 259001 curved fork length or greater) BFT in the southern New England area by persons aboard HMS Angling and HMS Charter/ Headboat permitted vessels (when fishing recreationally) must cease at 11:30 p.m. local time on June 5, 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 southern New England area 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://www.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://www.fisheries. noaa.gov/resource/outreach-andeducation/careful-catch-and-releasebrochure/. 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:// 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.). PO 00000 Frm 00034 Fmt 4700 Sfmt 9990 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 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 southern New England area 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: June 2, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–12173 Filed 6–2–23; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\07JNR1.SGM 07JNR1

Agencies

[Federal Register Volume 88, Number 109 (Wednesday, June 7, 2023)]
[Rules and Regulations]
[Pages 37175-37176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12173]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193]
RTID 0648-XD039


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the Angling Category Southern New England Area 
Trophy 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 Angling category southern New England area 
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, June 5, 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 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.

[[Page 37176]]

    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.
    As of January 1, 2023, the previous Angling category Trophy North 
subquota area was divided into two zones: north and south of 42[deg] N 
lat. (off Chatham, MA) (87 FR 59966, October 3, 2022). These newly 
formed areas are named the Gulf of Maine Trophy area and the Southern 
New England Trophy area. 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 southern New England area.

Angling Category Large Medium and Giant Southern New England ``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 southern New England 
area 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 southern New England area by persons aboard HMS Angling and HMS 
Charter/Headboat permitted vessels (when fishing recreationally) must 
cease at 11:30 p.m. local time on June 5, 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 southern New England area 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://www.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://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://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.).

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 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 southern New England area 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: June 2, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-12173 Filed 6-2-23; 4:15 pm]
BILLING CODE 3510-22-P

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