Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Maine Area Trophy Fishery for 2023, 53812-53813 [2023-16993]

Download as PDF 53812 Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations Authority: 40 U.S.C. 121(c). 2. In section 501.106, amend the table by revising the entry for ‘‘552.238–85’’ to read as follows: ■ 501.106 OMB approval under the Paperwork Reduction Act. * * * * * GSAR reference * * * 552.238–85 ........................... * * * OMB control No. * * 3090–0235, 3090–0306 * * [FR Doc. 2023–16904 Filed 8–8–23; 8:45 am] BILLING CODE 6820–61–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 220919–0193; RTID 0648– XD073] Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the Angling Category Gulf of Maine 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 Gulf of Maine 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, August 5, 2023, through December 31, 2023. FOR FURTHER INFORMATION CONTACT: Lisa Crawford, lisa.crawford@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 lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:18 Aug 08, 2023 Jkt 259001 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. 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 Gulf of Maine area. Angling Category Trophy Bluefin Tuna Gulf of Maine Fishery Closure Based on landings data from the NMFS Automated Catch Reporting System, as well as average catch rates and anticipated fishing conditions, PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 NMFS projects the Angling category Gulf of Maine 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 Gulf of Maine 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 August 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 Gulf of Maine area trophy BFT subquota. NMFS previously closed the 2023 trophy BFT fishery in the southern area on February 12, 2023 (88 FR 11820, February 24, 2023), in the Gulf of Mexico area on May 17, 2023 (88 FR 30234, May 11, 2023), and in the southern New England area on June 5, 2023 (88 FR 37175, June 7, 2023). Therefore, with this closure of the Gulf of Maine area trophy BFT fishery, the Angling category trophy BFT fishery will be closed in all areas for 2023. 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 E:\FR\FM\09AUR1.SGM 09AUR1 Federal Register / Vol. 88, No. 152 / Wednesday, August 9, 2023 / Rules and Regulations 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 Gulf of Maine 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: August 3, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. lotter on DSK11XQN23PROD with RULES1 [FR Doc. 2023–16993 Filed 8–4–23; 4:15 pm] BILLING CODE 3510–22–P VerDate Sep<11>2014 16:18 Aug 08, 2023 Jkt 259001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 53813 of Cape Falcon (SOF) (Cape Falcon, OR, to the U.S./Mexico border). The action described in this document affects the NOF treaty tribal salmon fisheries, as set out under the heading ‘‘Inseason Action’’ below. [Docket No. 230508–0124; RTID 0648– XD179] Inseason Action Fisheries Off West Coast States; Modification of the West Coast Salmon Fisheries; Inseason Action #17 Description of the action: Inseason action #17 modifies the July–September subquota for the treaty Indian salmon fishery north of Cape Falcon that was set preseason at 22,500 Chinook salmon, to 38,265 Chinook salmon through an impact-neutral rollover of unused May– June subquota. Effective dates: Inseason action #17 took effect on July 1, 2023, and remains in effect until the end of the 2023 treaty Indian salmon season on September 15, 2023. Reason and authorization for the action: The tribal fisheries reported a remaining catch of 15,765 Chinook salmon in the May–June fishery subquota of 20,000. The Salmon Technical Team determined the overage can be rolled over to the July–September fishery on an impact-neutral basis with a new Chinook salmon subquota of 38,265. The treaty tribes notified staff from NMFS, Council, and the Washington Department of Fish and Wildlife of the need for modification of the July–September quota. The NMFS West Coast Regional Administrator (RA) concurred with the quota modification. This inseason action modifies quotas and/or fishing seasons under 50 CFR 660.409(b)(1)(i). All other restrictions and regulations remain in effect as announced for the 2023 ocean salmon fisheries (88 FR 30235, May 11, 2023; 88 FR 44737, July 13, 2023; 88 FR 51250, August 3, 2023) except as previously modified by inseason actions. The RA determined that this inseason action was warranted based on the best available information on Pacific salmon abundance forecasts, landings and effort patterns to date, anticipated fishery effort and projected catch, and the other factors and considerations set forth in 50 CFR 660.409. The states and tribes manage the fisheries in state waters adjacent to the areas of the U.S. exclusive economic zone (3–200 nautical miles; 5.6–370.4 kilometers) off the coasts of the States of Washington, Oregon, and California consistent with these Federal actions. As provided by the inseason notice procedures at 50 CFR 660.411, actual notice of the described regulatory actions was given, prior to the time the actions became National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Inseason modification of 2023 management measures. AGENCY: NMFS announces one inseason action for the 2023–2024 ocean salmon fishing season. This inseason action modifies the July–September subquota for the treaty Indian salmon fisheries in the area from the U.S./ Canada border to Cape Falcon, Oregon. DATES: The effective date for this inseason action is set out in this document under the heading ‘‘Inseason Action’’ and the actions remain in effect until superseded or modified. FOR FURTHER INFORMATION CONTACT: Shannon Penna, 562–980–4239, Shannon.Penna@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background The annual management measures for the 2023 and early 2024 ocean salmon fisheries (88 FR 30235, May 11, 2023) govern the commercial and recreational fisheries in the area from the U.S./ Canada border to the U.S./Mexico border, effective from 0001 hours Pacific Daylight Time (PDT), May 16, 2023, until the effective date of the 2024 management measures, as published in the Federal Register. NMFS is authorized to implement inseason management actions to modify fishing seasons and quotas as necessary to provide fishing opportunity while meeting management objectives for the affected species (50 CFR 660.409). Inseason actions in the salmon fishery may be taken directly by NMFS (50 CFR 660.409(a)—Fixed inseason management provisions) or upon consultation with the Chairman of the Pacific Fishery Management Council (Council), and the appropriate State Directors (50 CFR 660.409(b)—Flexible inseason management provisions). Management of the salmon fisheries is divided into two geographic areas: north of Cape Falcon (NOF) (U.S./Canada border to Cape Falcon, OR), and south PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 Inseason Action #17 E:\FR\FM\09AUR1.SGM 09AUR1

Agencies

[Federal Register Volume 88, Number 152 (Wednesday, August 9, 2023)]
[Rules and Regulations]
[Pages 53812-53813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16993]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XD073]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the Angling Category Gulf of Maine 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 Gulf of Maine 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, August 5, 2023, through 
December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Lisa Crawford, [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.
    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 Gulf of Maine area.

Angling Category Trophy Bluefin Tuna Gulf of Maine 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 Maine 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 
Gulf of Maine 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 August 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 Gulf of Maine area trophy BFT subquota. NMFS 
previously closed the 2023 trophy BFT fishery in the southern area on 
February 12, 2023 (88 FR 11820, February 24, 2023), in the Gulf of 
Mexico area on May 17, 2023 (88 FR 30234, May 11, 2023), and in the 
southern New England area on June 5, 2023 (88 FR 37175, June 7, 2023). 
Therefore, with this closure of the Gulf of Maine area trophy BFT 
fishery, the Angling category trophy BFT fishery will be closed in all 
areas for 2023.
    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

[[Page 53813]]

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 Gulf of Maine 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: August 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-16993 Filed 8-4-23; 4:15 pm]
BILLING CODE 3510-22-P

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