Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category Retention Limit Adjustment, 42272-42275 [2023-13966]
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42272
Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
verify that the vessel for which the new
standard for-hire permit will be issued
is owned by the applicant and does not
have an existing Gulf reef fish or CMP
charter vessel/headboat permit
associated with it, as vessels are not
allowed to have multiple charter vessel/
headboat permits of the same type
associated with them.
If the vessel to which the permit will
be associated with is to be leased, a fully
executed lease agreement of at least 7
months between the vessel owner and
permit holder will need to be included
with the application. Note that vessel
owners and lessees cannot hold permits
issued to the same vessel at the same
time. NMFS’ Permits Office staff will
then verify the vessel does not have any
other Federal permit associated with it
in another permit holder’s name.
After NMFS verifies that the
information provided with the
application allows for the conversion,
the historical captain permit will then
be converted to a standard for-hire
permit for Gulf reef fish or Gulf CMP
species, as applicable. Historical captain
permit numbers are unique, and the
new standard for-hire permit will keep
the existing permit number (e.g., HRCG–
9999 will convert to RCG–9999). A
standard for-hire permit issued as a
result of this final rule will have the
same passenger capacity limitation as
the historical captain permit that it will
replace.
Federal rules have been identified. A
description of this final rule, why it is
being implemented, and the purpose of
this final rule are contained in the
SUMMARY and SUPPLEMENTARY
INFORMATION sections of this final rule.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Comments and Responses
NMFS received two public comments
supporting the proposed rule for the
abbreviated framework action. NMFS
acknowledges the comments in favor of
the action in the proposed rule. One
commenter also suggested that NMFS
reduce or waive the fee to convert a
historical captain permit to a standard
for-hire permit. However, this
suggestion is beyond the scope of the
action considered in the proposed rule,
and we do not address it further in this
final rule. NMFS made no changes to
the final rule resulting from public
comments.
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
abbreviated framework action, the
FMPs, the Magnuson-Stevens Act, and
other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this rule. No
duplicative, overlapping, or conflicting
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List of Subjects in 50 CFR Part 622
Fish, Fisheries, Gulf of Mexico,
Historical captain, Permit, Transfer.
Dated: June 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
622 as follows:
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.20, revise paragraph
(b)(1)(v) to read as follows:
■
§ 622.20
Permits and endorsements.
*
*
*
*
*
(b) * * *
(1) * * *
(v) Procedure for conversion of permit
with historical captain endorsement. A
charter vessel/headboat permit with a
historical captain endorsement may be
converted to a charter vessel/headboat
permit for Gulf reef fish without a
historical captain endorsement. A
charter vessel/headboat permit with a
historical captain endorsement that is
converted to a charter vessel/headboat
permit without a historical captain
endorsement will retain the same vessel
permit maximum passenger capacity as
the permit it replaces. To convert an
eligible charter vessel/headboat permit
with a historical captain endorsement,
the permit holder must submit a permit
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application to the RA by July 30, 2025.
If no application to convert an eligible
charter vessel/headboat permit with a
historical captain endorsement is
submitted by July 30, 2025, the permit
holder will retain a charter vessel/
headboat permit with the historical
captain endorsement that is subject to
the restrictions described in paragraph
(b)(1)(i)(B) of this section.
*
*
*
*
*
■ 3. In § 622.373, revise paragraph (f) to
read as follows:
§ 622.373 Limited access system for
charter vessel/headboat permits for Gulf
coastal migratory pelagic fish.
*
*
*
*
*
(f) Procedure for conversion of permit
with historical captain endorsement. A
charter vessel headboat permit with a
historical captain endorsement may be
converted to a charter vessel/headboat
permit for Gulf coastal migratory pelagic
fish without a historical captain
endorsement as described in paragraph
(b)(1) of this section. A charter vessel/
headboat permit with a historical
captain endorsement that is converted
to a charter vessel/headboat permit
without a historical captain
endorsement will retain the same vessel
permit maximum passenger capacity as
the permit it replaces. To convert an
eligible charter vessel/headboat permit
with a historical captain endorsement,
the permit holder must submit a permit
application to the RA by July 30, 2025.
If no application to convert an eligible
charter vessel/headboat permit with a
historical captain endorsement is
submitted by July 30, 2025, the permit
holder will retain a charter vessel/
headboat permit with the historical
captain endorsement that is subject to
the restrictions described in paragraph
(b)(2) of this section.
[FR Doc. 2023–13925 Filed 6–29–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 220919–0193]
RTID 0648–XD085
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
General Category Retention Limit
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; retention limit
adjustment.
NMFS is adjusting the
General category daily retention limit
from three large medium or giant (i.e.,
measuring 73 inches (185 cm) curved
fork length (CFL) or greater) Atlantic
bluefin tuna (BFT) to one large medium
or giant BFT. This daily retention limit
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.
This adjustment will be effective for the
remainder of the June through August
time period.
DATES: Effective July 2, 2023, through
August 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Erianna Hammond, erianna.hammond@
noaa.gov, 301–427–8503, or Larry Redd,
Jr., larry.redd@noaa.gov, 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.
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 General category baseline quota is
currently 710.7 mt. This baseline quota
is further subdivided into subquotas by
time period. The baseline subquota for
the June through August time period is
355.4 mt. The default General category
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SUMMARY:
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daily retention limit is one large
medium or giant (i.e., measuring 73
inches (185 cm) CFL or greater) BFT per
vessel per day/trip and applies to
General category permitted vessels and
to HMS Charter/Headboat permitted
vessels (when fishing commercially for
BFT) (§ 635.23(a)(2)). NMFS adjusted
the daily retention limit adjustment for
the beginning of the June through
August 2023 time period from the
default daily retention limit of one to
three large medium or giant BFT (88 FR
34454, May 30, 2023). This action
would adjust the daily retention limit
back to one large medium or giant BFT
for the remainder of the June through
August 2023 time period.
Adjustment of General Category Daily
Retention Limit
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant BFT
over a range of zero to five BFT per
vessel after considering the regulatory
determination criteria under
§ 635.27(a)(7).
NMFS has considered all of the
relevant determination criteria and their
applicability to the General category
BFT retention limit for June through
August 2023. As described below, after
considering these criteria, NMFS has
decided to decrease the daily retention
limit from three to one large medium or
giant BFT per vessel per day/trip (i.e.,
one BFT measuring 73 inches (185 cm)
CFL or greater) for General category
permitted vessels and for HMS Charter/
Headboat permitted vessels with a
commercial sale endorsement when
fishing commercially for BFT. HMS
Charter/Headboat permitted vessels
fishing recreationally under the Angling
category restrictions must follow the
Angling category retention and size
limits.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example (and specific
to the June through August 2023 limit),
whether a vessel fishing under the
General category retention limit takes a
2-day trip or makes two trips in 1 day,
the daily limit of one fish may not be
exceeded upon landing. This General
category retention limit is effective in all
areas, except for the Gulf of Mexico,
where NMFS prohibits targeting fishing
for BFT, and applies to those vessels
permitted in the General category, as
well as to those HMS Charter/Headboat
permitted vessels with a commercial
sale endorsement when fishing
commercially for BFT.
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Consideration of the Determination
Criteria
As described above, under
§ 635.23(a)(4), NMFS may adjust the
daily retention limit of large medium
and giant BFT after considering the
regulatory determination criteria under
§ 635.27(a)(7). 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
General category fishermen and
provided by BFT dealers 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 the catches of
the General category quota to date and
the likelihood of closure of the General
category if no adjustment is made
(§ 635.27(a)(7)(ii)). Commercial-size BFT
are currently readily available to vessels
fishing under the General category
quota. To date, the General category has
landed approximately 27.4 mt,
representing 8 percent of the General
category June through August time
period. If current catch rates continue
with the three-fish daily limit, the
available for the June through August
time period will be reached or
exceeded, and NMFS would need to
close the fishery earlier than otherwise
would be necessary under a lower limit.
NMFS intends to provide General
category participants in all areas and
time periods opportunities to harvest
the General category quota without
exceeding it, through active inseason
management such as retention limit
adjustments and/or the timing and
amount of quota transfers (based on
consideration of the determination
criteria regarding inseason adjustments),
while extending the season as long as
practicable. NMFS is setting the limit
for the remainder of the June through
August 2023 time period in such a way
that NMFS believes, informed by past
experience, increases the likelihood that
the fishery will remain open throughout
the June through August time period
and year.
NMFS also took into consideration a
recently published final rule that would
set restricted-fishing days (RFDs) for the
General category during the months of
July through November 2023, with the
first RFD scheduled for July 1 (88 FR
33839, June 1, 2023). On an RFD,
General category permitted vessels and
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
HMS Charter/Headboat permitted
vessels (when fishing commercially for
BFT) are prohibited from fishing for
BFT. However, HMS Charter/Headboat
permitted vessels are authorized to fish
recreationally under the Angling
category restrictions and must follow
the Angling category BFT retention and
size limits. NMFS believes the final RFD
action, in combination with reducing
the daily retention limit that applies on
open days (through this inseason action)
would further increase the likelihood
that the fishery would remain open
throughout the June through August
time period and year.
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)(8)(v) and (vi)). This
retention limit adjustment would be
consistent with established quotas and
subquotas, which are implemented
consistent with ICCAT
Recommendation 22–10, 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. This
retention limit adjustment is in line
with the established management
measures and stock status
determinations. It is also important that
NMFS be consistent with and limit
landings to the subquotas both to adhere
to the subquota 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. This retention limit
adjustment is consistent with all of the
above listed objectives.
Another principal consideration in
setting the retention limit is the
objective of providing opportunities to
harvest the available General category
quota without exceeding the annual
quota. This consideration is based on
the objectives of the 2006 Consolidated
HMS FMP and its amendments, and
includes achieving optimum yield on a
continuing basis and optimizing the
ability of all permit categories to harvest
available BFT quota allocations (related
to § 635.27(a)(7)(x)).
Given these considerations, NMFS
has determined that a one-fish General
category retention limit is warranted for
the remainder of the June through
August 2023 time period. This retention
limit would provide a reasonable
opportunity to harvest the available U.S.
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BFT quota (including the expected
increase in available 2023 quota based
on 2022 underharvest), without
exceeding it, while maintaining an
equitable distribution of fishing
opportunities; help optimize the ability
of the General category to harvest its
available quota; allow the collection of
a broad range of data for stock
monitoring purposes; and be consistent
with the objectives of the 2006
Consolidated HMS FMP and
amendments.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery 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 vessel
owners are required to report their own
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 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
adjustments 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.
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. 533(b)(B), there is good cause to
waive prior notice and opportunity to
provide comment on this action, as
notice and comment would be
impracticable and contrary to 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
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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 an
opportunity for public comment on the
change in the daily retention limit from
three BFT to the default level for the
June through August time period would
be impracticable. Based on available
BFT quotas, fishery performance in
recent years, and the availability of BFT
on the fishing grounds, responsive
adjustment to the General category BFT
daily retention limit from three BFT to
one fish is warranted to allow fishermen
to take advantage of availability of fish
and of quota. NMFS could not have
proposed this action earlier, as it needed
to consider and respond to updated data
and information about fishery
conditions and this year’s landings. If
NMFS was to offer a public comment
period now, after having appropriately
considered that data, it would preclude
fishermen from harvesting BFT that are
legally available consistent with all of
the regulatory criteria, and/or could
result in selection of a retention limit
inappropriate to the amount of quota
available for the period.
Adjustment of the General category
retention limit needs to be effective as
soon as possible to extend fishing
opportunities for fishermen in all
geographic areas, and to provide
equitable opportunities. Fisheries under
the General category daily retention
limit are currently underway and thus
prior notice would be contrary to the
public interest. Delays in decreasing the
General category retention limit would
adversely affect those General category
and HMS Charter/Headboat vessels that
would otherwise have an opportunity to
harvest BFT if the fishery were to
remain open for as long as feasible
throughout the remaining time periods.
Limited opportunities to harvest the
respective quotas may have negative
social and economic impacts for U.S.
fishermen that depend upon catching
the available quota within the time
periods designated in the 2006
Consolidated HMS FMP and
amendments. NMFS provides
notification of retention limit
adjustments by publishing the notice in
the Federal Register, emailing
individuals who have subscribed to the
Atlantic HMS News electronic
newsletter, and updating the
information posted on the Atlantic
Tunas Information Line and on
www.hmspermits.noaa.gov.
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Federal Register / Vol. 88, No. 125 / Friday, June 30, 2023 / Rules and Regulations
For all of the above reasons, the AA
finds that pursuant to 5 U.S.C. 553(d),
there is also good cause to waive the 30day delay in effective date.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
42275
Dated: June 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–13966 Filed 6–28–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42272-42275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13966]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193]
RTID 0648-XD085
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category Retention Limit Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 42273]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; retention limit adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the General category daily retention limit
from three large medium or giant (i.e., measuring 73 inches (185 cm)
curved fork length (CFL) or greater) Atlantic bluefin tuna (BFT) to one
large medium or giant BFT. This daily retention limit 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. This
adjustment will be effective for the remainder of the June through
August time period.
DATES: Effective July 2, 2023, through August 31, 2023.
FOR FURTHER INFORMATION CONTACT: Erianna Hammond,
[email protected], 301-427-8503, or Larry Redd, Jr.,
[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.
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
General category baseline quota is currently 710.7 mt. This baseline
quota is further subdivided into subquotas by time period. The baseline
subquota for the June through August time period is 355.4 mt. The
default General category daily retention limit is one large medium or
giant (i.e., measuring 73 inches (185 cm) CFL or greater) BFT per
vessel per day/trip and applies to General category permitted vessels
and to HMS Charter/Headboat permitted vessels (when fishing
commercially for BFT) (Sec. 635.23(a)(2)). NMFS adjusted the daily
retention limit adjustment for the beginning of the June through August
2023 time period from the default daily retention limit of one to three
large medium or giant BFT (88 FR 34454, May 30, 2023). This action
would adjust the daily retention limit back to one large medium or
giant BFT for the remainder of the June through August 2023 time
period.
Adjustment of General Category Daily Retention Limit
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to
five BFT per vessel after considering the regulatory determination
criteria under Sec. 635.27(a)(7).
NMFS has considered all of the relevant determination criteria and
their applicability to the General category BFT retention limit for
June through August 2023. As described below, after considering these
criteria, NMFS has decided to decrease the daily retention limit from
three to one large medium or giant BFT per vessel per day/trip (i.e.,
one BFT measuring 73 inches (185 cm) CFL or greater) for General
category permitted vessels and for HMS Charter/Headboat permitted
vessels with a commercial sale endorsement when fishing commercially
for BFT. HMS Charter/Headboat permitted vessels fishing recreationally
under the Angling category restrictions must follow the Angling
category retention and size limits.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example (and specific to the June
through August 2023 limit), whether a vessel fishing under the General
category retention limit takes a 2-day trip or makes two trips in 1
day, the daily limit of one fish may not be exceeded upon landing. This
General category retention limit is effective in all areas, except for
the Gulf of Mexico, where NMFS prohibits targeting fishing for BFT, and
applies to those vessels permitted in the General category, as well as
to those HMS Charter/Headboat permitted vessels with a commercial sale
endorsement when fishing commercially for BFT.
Consideration of the Determination Criteria
As described above, under Sec. 635.23(a)(4), NMFS may adjust the
daily retention limit of large medium and giant BFT after considering
the regulatory determination criteria under Sec. 635.27(a)(7).
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 General category fishermen and provided by
BFT dealers 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 the catches of the General category quota to
date and the likelihood of closure of the General category if no
adjustment is made (Sec. 635.27(a)(7)(ii)). Commercial-size BFT are
currently readily available to vessels fishing under the General
category quota. To date, the General category has landed approximately
27.4 mt, representing 8 percent of the General category June through
August time period. If current catch rates continue with the three-fish
daily limit, the available for the June through August time period will
be reached or exceeded, and NMFS would need to close the fishery
earlier than otherwise would be necessary under a lower limit. NMFS
intends to provide General category participants in all areas and time
periods opportunities to harvest the General category quota without
exceeding it, through active inseason management such as retention
limit adjustments and/or the timing and amount of quota transfers
(based on consideration of the determination criteria regarding
inseason adjustments), while extending the season as long as
practicable. NMFS is setting the limit for the remainder of the June
through August 2023 time period in such a way that NMFS believes,
informed by past experience, increases the likelihood that the fishery
will remain open throughout the June through August time period and
year.
NMFS also took into consideration a recently published final rule
that would set restricted-fishing days (RFDs) for the General category
during the months of July through November 2023, with the first RFD
scheduled for July 1 (88 FR 33839, June 1, 2023). On an RFD, General
category permitted vessels and
[[Page 42274]]
HMS Charter/Headboat permitted vessels (when fishing commercially for
BFT) are prohibited from fishing for BFT. However, HMS Charter/Headboat
permitted vessels are authorized to fish recreationally under the
Angling category restrictions and must follow the Angling category BFT
retention and size limits. NMFS believes the final RFD action, in
combination with reducing the daily retention limit that applies on
open days (through this inseason action) would further increase the
likelihood that the fishery would remain open throughout the June
through August time period and year.
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)(8)(v) and (vi)). This
retention limit adjustment would be consistent with established quotas
and subquotas, which are implemented consistent with ICCAT
Recommendation 22-10, 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. This retention limit adjustment is in
line with the established management measures and stock status
determinations. It is also important that NMFS be consistent with and
limit landings to the subquotas both to adhere to the subquota
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. This retention limit
adjustment is consistent with all of the above listed objectives.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the available
General category quota without exceeding the annual quota. This
consideration is based on the objectives of the 2006 Consolidated HMS
FMP and its amendments, and includes achieving optimum yield on a
continuing basis and optimizing the ability of all permit categories to
harvest available BFT quota allocations (related to Sec.
635.27(a)(7)(x)).
Given these considerations, NMFS has determined that a one-fish
General category retention limit is warranted for the remainder of the
June through August 2023 time period. This retention limit would
provide a reasonable opportunity to harvest the available U.S. BFT
quota (including the expected increase in available 2023 quota based on
2022 underharvest), without exceeding it, while maintaining an
equitable distribution of fishing opportunities; help optimize the
ability of the General category to harvest its available quota; allow
the collection of a broad range of data for stock monitoring purposes;
and be consistent with the objectives of the 2006 Consolidated HMS FMP
and amendments.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery 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 vessel owners are required to report
their own 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 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 adjustments 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.
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. 533(b)(B), there is good cause to waive prior notice and
opportunity to provide comment on this action, as notice and comment
would be impracticable and contrary to 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 an opportunity for public comment on the change in the
daily retention limit from three BFT to the default level for the June
through August time period would be impracticable. Based on available
BFT quotas, fishery performance in recent years, and the availability
of BFT on the fishing grounds, responsive adjustment to the General
category BFT daily retention limit from three BFT to one fish is
warranted to allow fishermen to take advantage of availability of fish
and of quota. NMFS could not have proposed this action earlier, as it
needed to consider and respond to updated data and information about
fishery conditions and this year's landings. If NMFS was to offer a
public comment period now, after having appropriately considered that
data, it would preclude fishermen from harvesting BFT that are legally
available consistent with all of the regulatory criteria, and/or could
result in selection of a retention limit inappropriate to the amount of
quota available for the period.
Adjustment of the General category retention limit needs to be
effective as soon as possible to extend fishing opportunities for
fishermen in all geographic areas, and to provide equitable
opportunities. Fisheries under the General category daily retention
limit are currently underway and thus prior notice would be contrary to
the public interest. Delays in decreasing the General category
retention limit would adversely affect those General category and HMS
Charter/Headboat vessels that would otherwise have an opportunity to
harvest BFT if the fishery were to remain open for as long as feasible
throughout the remaining time periods. Limited opportunities to harvest
the respective quotas may have negative social and economic impacts for
U.S. fishermen that depend upon catching the available quota within the
time periods designated in the 2006 Consolidated HMS FMP and
amendments. NMFS provides notification of retention limit adjustments
by publishing the notice in the Federal Register, emailing individuals
who have subscribed to the Atlantic HMS News electronic newsletter, and
updating the information posted on the Atlantic Tunas Information Line
and on www.hmspermits.noaa.gov.
[[Page 42275]]
For all of the above reasons, the AA finds that pursuant to 5
U.S.C. 553(d), there is also good cause to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: June 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-13966 Filed 6-28-23; 8:45 am]
BILLING CODE 3510-22-P
