Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Harpoon Category Fishery for 2023, 50807-50808 [2023-16445]
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 220919–0193; RTID 0648–
XD160]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
Closure of the Harpoon Category
Fishery for 2023
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS closes the Harpoon
category fishery for large medium and
giant (i.e., measuring 73 inches (185 cm)
curved fork length (CFL) or greater)
Atlantic bluefin tuna (BFT) for the
remainder of the 2023 fishing year. This
closure applies to Atlantic Tunas
Harpoon category permitted vessels.
DATES: Effective 11:30 p.m., local time,
July 30, 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
highly migratory species (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
ddrumheller on DSK120RN23PROD with RULES1
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
18:03 Aug 01, 2023
Jkt 259001
BFT quota (or subquota) is reached or is
projected to be reached. Retaining,
possessing, or landing BFT under a
quota category is prohibited on or after
the effective date and time of a closure
notice for that category, for the
remainder of the fishing year, until the
opening of the relevant subsequent
quota period, or until such date as
specified.
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 Harpoon category baseline quota is
59.2 mt. Effective July 21, 2023, NMFS
transferred 10.8 mt from the Reserve
category to the Harpoon category,
resulting in an adjusted quota of 70.0 mt
for the Harpoon category and 27.4 mt for
the Reserve category (88 FR 48136, July
26, 2023). As described under
§ 635.27(a)(4), the Harpoon category
quota is only available between June 1
and November 15 of each year.
Harpoon Category Closure
To date, reported landings for the
Harpoon category total approximately
68.5 mt. Based on these landings data,
as well as average catch rates and
anticipated fishing conditions, NMFS
projects that the Harpoon category
adjusted subquota of 70.0 mt will be
reached shortly. Therefore, retaining,
possessing, or landing large medium or
giant (i.e., measuring 73 inches (185 cm)
CFL or greater) BFT by persons aboard
vessels permitted in the Atlantic tunas
Harpoon category must cease at 11:30
p.m. local time on July 30, 2023. The
Harpoon category BFT fishery will be
closed for the remainder of the Harpoon
category season, which ends November
15, 2023, and thus for the year. The
Harpoon category will reopen
automatically on June 1, 2024, for the
2024 fishing season. This action applies
to Atlantic Tunas Harpoon category
(commercial) permitted vessels, and is
taken consistent with the regulations at
§ 635.28(a)(1).
Monitoring and Reporting
NMFS will continue to monitor the
BFT fisheries closely. Dealers are
required to submit landing reports
within 24 hours of a dealer receiving
BFT. Late reporting by dealers
compromises NMFS’ ability to
implement actions in a timely manner
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, Harpoon
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
50807
category vessel owners are required to
report the catch of all BFT retained or
discarded dead within 24 hours of the
landing(s) or end of each trip, by
accessing 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.).
Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional
adjustments are necessary to ensure
available subquotas are not exceeded or
to enhance scientific data collection
from, and fishing opportunities in, all
geographic areas. If needed, subsequent
adjustments will be published in the
Federal Register. In addition, fishermen
may access https://
www.hmspermits.noaa.gov, for updates
on quota monitoring and inseason
adjustments.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act and regulations at 50 CFR part 635
and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), 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 the public
interest for the following reasons.
Specifically, the regulations
implementing the 2006 Consolidated
HMS FMP and amendments provide for
inseason retention limit adjustments
and fishery closures to respond to the
unpredictable nature of BFT availability
on the fishing grounds, the migratory
nature of this species, and the regional
variations in the BFT fishery. Providing
for prior notice and an opportunity to
comment is impracticable and contrary
to the public interest as this fishery is
currently underway and the available
quota for the category is projected to be
reached shortly. Delaying this action
could result in BFT landings exceeding
the Harpoon category 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 is also good cause to waive the 30day delay in effective date.
Authority: 16 U.S.C. 971 et seq. and
1801 et seq.
E:\FR\FM\02AUR1.SGM
02AUR1
50808
Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Rules and Regulations
Dated: July 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–16445 Filed 7–28–23; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230724–0172; RTID 0648–
XD211]
Fisheries of the Northeastern United
States; Mackerel, Squid, and Butterfish
Fishery; Longfin Squid 2023 Trimester
II Quota Harvested
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reduction of
possession limit.
AGENCY:
NMFS is closing the directed
longfin squid fishery through the
remainder of 2023 Trimester II (May 1–
August 31, 2023). This closure is
required by regulation because NMFS
projects that 90 percent of the longfin
squid Trimester II quota will be caught
by the effective date. This action is
necessary to comply with the
regulations implementing the Mackerel,
Squid, and Butterfish Fishery
Management Plan and is intended to
prevent overharvest of longfin squid.
DATES: Effective 00:01 hours (hr) local
time, August 2, 2023, through 24 hr
local time on August 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Maria Fenton, Fishery Management
Specialist, (978) 281–9196.
SUPPLEMENTARY INFORMATION: The
regulations at 50 CFR part 648 require
specifications for maximum sustainable
yield, initial optimum yield, allowable
biological catch (ABC), domestic annual
harvest (DAH), domestic annual
processing, joint venture processing,
and total allowable levels of foreign
fishing for the species managed under
the Mackerel, Squid, and Butterfish
Fishery Management Plan (FMP). The
procedures for setting the annual initial
specifications are described in § 648.22.
In 2023, the longfin squid Trimester II
quota was increased by 50 percent to
account for an underage in Trimester I
catch. The remainder of the 2023 quota
for longfin squid will become available
on September 1, 2023.
When the Regional Administrator
projects that 90 percent of the longfin
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
18:03 Aug 01, 2023
Jkt 259001
squid Trimester II quota will be
harvested before August 15, the
regulations at § 648.24(a)(1) require
NMFS to close the directed fishery in
Federal waters for longfin squid for the
remainder of the trimester. Regulations
at § 648.26(b)(2)(iii) state that while
such a closure is in effect, vessels are
prohibited from fishing for, possessing,
or landing more than 250 pounds (lb)
(113.4 kilograms (kg)) of longfin squid at
any time per trip, and from landing
longfin squid more than once per
calendar day, unless the vessel meets all
the conditions described at
§ 648.26(b)(2)(iv). The Regional
Administrator monitors longfin squid
fishery catch based on dealer reports,
and other available information.
Regulations at § 648.24(d) require that
upon determining that a closure is
necessary, NMFS must: Notify the
Executive Directors of the Mid-Atlantic,
New England, and South Atlantic
Fishery Management Councils; notify
permit holders at least 72 hr before the
effective date of the closure; notify
recreational participants in the fishery;
and publish notification of the closure
in the Federal Register.
Based on dealer reports and other
available information, the Regional
Administrator has determined that 90
percent of the longfin squid Trimester II
quota will be harvested by August 2,
2023. Therefore, except as described
below, effective 00:01 hr local time on
August 2, 2023, vessels may not fish for,
possess, or land more than 250 lb (113.4
kg) of longfin squid at any time per trip,
and may only land longfin squid once
per calendar day, through 24 hr local
time on August 31, 2023. Vessels that
enter port before 00:01 hr local time on
August 2, 2023, may land and sell more
than 250 lb (113.4 kg) of longfin squid
from that trip.
During Trimester 2, the regulations at
§ 648.26(b)(2)(iv) provide an exception
to the incidental limit specified above,
such that vessels issued a Tier 1 or Tier
2 longfin squid moratorium permit may
possess more than 250 lb (113.4 kg) of
longfin squid per trip, provided that the
vessel: Declares into the directed Illex
fishery via its vessel monitoring system;
fishes in the Illex Squid Exemption Area
(as defined in Table 1 and at
§ 648.23(a)(5)); possesses more than
10,000 lb (4,535.9 kg) of Illex squid on
board; and possesses less than 15,000 lb
(6,803.9 kg) (Tier 1 longfin squid
moratorium permit) or 5,000 lb (2,268.0
kg) (Tier 2 longfin squid moratorium
permit) of longfin squid on board. All
fishing gear must be stowed and
rendered not available for immediate
use as defined in § 648.2 once such a
vessel is landward of the coordinates
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
defining the Illex Squid Exemption Area
specified at § 648.23(a)(5).
TABLE 1—Illex SQUID EXEMPTION
AREA COORDINATES
North latitude
43°58.0′
43°50.0′
43°30.0′
43°20.0′
42°45.0′
42°13.0′
41°00.0′
41°45.0′
42°10.0′
41°18.6′
40°55.5′
40°45.5′
40°37.0′
40°30.0′
40°22.7′
40°18.7′
40°21.0′
39°41.0′
38°47.0′
38°04.0′
37°08.0′
36°00.0′
35°45.0′
35°28.0′
West longitude
67°22.0′
68°35.0′
69°40.0′
70°00.0′
70°10.0′
69°55.0′
69°00.0′
68°15.0′
67°10.0′
66°24.8′
66°38.0′
68°00.0′
68°00.0′
69°00.0′
69°00.0′
69°40.0′
71°03.0′
72°32.0′
73°11.0′
74°06.0′
74°46.0′
74°52.0′
74°53.0′
74°52.0′
Also effective 00:01 hr local time on
August 2, 2023, through 24 hr local time
on August 31, 2023, federally permitted
dealers may not purchase more than 250
lb (113.4 kg) of longfin squid from a
federally permitted longfin squid vessel
unless it is from a trip landed by a
vessel that entered port before 00:01 hr
local time on August 2, 2023; except
that they may purchase up to 15,000 lb
(6,803 kg) of longfin squid from vessels
issued a Tier 1 longfin squid
moratorium permit or 5,000 lb (2,268
kg) from vessels issued a Tier 2 longfin
squid moratorium permit if such vessels
that were on a declared Illex squid trip
in the Illex Squid Exemption Area and
such vessels possess more than 10,000
lb (4,536 kg) of Illex squid on board.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
NMFS finds good cause pursuant to 5
U.S.C. 553(b)(B) to waive prior notice
and the opportunity for public comment
because it would be contrary to the
public interest and impracticable. The
longfin squid Trimester II fishery
opened for the 2023 fishing year on May
1, 2023. Data and other information
indicating the longfin squid fleet will
have landed at least 90 percent of the
2023 Trimester II quota have only
recently become available. Landings
data is updated on a weekly basis, and
NMFS monitors catch data on a daily
E:\FR\FM\02AUR1.SGM
02AUR1
]]>Agencies
[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Pages 50807-50808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16445]
[[Page 50807]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD160]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the Harpoon Category Fishery for 2023
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the Harpoon category fishery for large medium and
giant (i.e., measuring 73 inches (185 cm) curved fork length (CFL) or
greater) Atlantic bluefin tuna (BFT) for the remainder of the 2023
fishing year. This closure applies to Atlantic Tunas Harpoon category
permitted vessels.
DATES: Effective 11:30 p.m., local time, July 30, 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 highly migratory species (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 a quota category is prohibited on or
after the effective date and time of a closure notice for that
category, for the remainder of the fishing year, until the opening of
the relevant subsequent quota period, or until such date as specified.
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
Harpoon category baseline quota is 59.2 mt. Effective July 21, 2023,
NMFS transferred 10.8 mt from the Reserve category to the Harpoon
category, resulting in an adjusted quota of 70.0 mt for the Harpoon
category and 27.4 mt for the Reserve category (88 FR 48136, July 26,
2023). As described under Sec. 635.27(a)(4), the Harpoon category
quota is only available between June 1 and November 15 of each year.
Harpoon Category Closure
To date, reported landings for the Harpoon category total
approximately 68.5 mt. Based on these landings data, as well as average
catch rates and anticipated fishing conditions, NMFS projects that the
Harpoon category adjusted subquota of 70.0 mt will be reached shortly.
Therefore, retaining, possessing, or landing large medium or giant
(i.e., measuring 73 inches (185 cm) CFL or greater) BFT by persons
aboard vessels permitted in the Atlantic tunas Harpoon category must
cease at 11:30 p.m. local time on July 30, 2023. The Harpoon category
BFT fishery will be closed for the remainder of the Harpoon category
season, which ends November 15, 2023, and thus for the year. The
Harpoon category will reopen automatically on June 1, 2024, for the
2024 fishing season. This action applies to Atlantic Tunas Harpoon
category (commercial) permitted vessels, and is taken consistent with
the regulations at Sec. 635.28(a)(1).
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries closely. Dealers
are required to submit landing reports within 24 hours of a dealer
receiving BFT. Late reporting by dealers compromises NMFS' ability to
implement actions in a timely manner 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,
Harpoon category vessel owners are required to report the catch of all
BFT retained or discarded dead within 24 hours of the landing(s) or end
of each trip, by accessing 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.).
Depending on the level of fishing effort and catch rates of BFT,
NMFS may determine that additional adjustments are necessary to ensure
available subquotas are not exceeded or to enhance scientific data
collection from, and fishing opportunities in, all geographic areas. If
needed, subsequent adjustments will be published in the Federal
Register. In addition, fishermen may access https://www.hmspermits.noaa.gov, for updates on quota monitoring and inseason
adjustments.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act and regulations at 50 CFR part 635 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that pursuant to 5
U.S.C. 553(b)(B), 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 the public interest for the
following reasons. Specifically, the regulations implementing the 2006
Consolidated HMS FMP and amendments provide for inseason retention
limit adjustments and fishery closures to respond to the unpredictable
nature of BFT availability on the fishing grounds, the migratory nature
of this species, and the regional variations in the BFT fishery.
Providing for prior notice and an opportunity to comment is
impracticable and contrary to the public interest as this fishery is
currently underway and the available quota for the category is
projected to be reached shortly. Delaying this action could result in
BFT landings exceeding the Harpoon category 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 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.
[[Page 50808]]
Dated: July 28, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-16445 Filed 7-28-23; 4:15 pm]
BILLING CODE 3510-22-P
