Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category September Time Period Quota Transfer and Closure, 64385-64387 [2023-20148]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804. requirements with which vendors
must comply.
■
IV. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a ‘‘major rule’’ may take
effect, the agency promulgating the rule
must submit a rule report, which
includes a copy of the rule, to each
House of the Congress and to the
Comptroller General of the United
States. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This rule has been
reviewed and determined by OMB not
to be a ‘‘major rule’’ under 5 U.S.C.
804(2).
Subpart 1832.1—Other Than
Commercial Products and Services
Financing
V. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) does not apply to this
rule, because an opportunity for public
comment is not required to be given for
this rule under 41 U.S.C. 1707(a)(1) (see
Section II. of this preamble).
Accordingly, no regulatory flexibility
analysis is required, and none has been
prepared.
ddrumheller on DSK120RN23PROD with RULES1
VI. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 1812,
1813, 1816, 1819, 1823, 1832, and 1852
Government procurement.
Erica Jones,
NASA FAR Supplement Manager.
Accordingly, 48 CFR parts 1812, 1813,
1816, 1819, 1823, 1832, and 1852 are
amended as follows:
VerDate Sep<11>2014
16:04 Sep 18, 2023
Jkt 259001
1. The authority citation for parts
1812, 1813, 1816, 1819, 1823, 1832 and
1852 continues to read as follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
PARTS 1812, 1813, 1816, 1819, 1823,
1832, and 1852—[AMENDED]
2. In parts 1812, 1816, 1819, 1823,
1832, and 1852 revise all references to
‘‘Commercial Items’’ to read
‘‘Commercial Products and Commercial
Services.’’
■ 3. Amend Part 1832, by—
■ a. Revising the subpart heading of
1832.1.
■ b. Revising the heading to section
1832.111.
■ c. Revising the subpart heading of
1832.4.
The revisions read as follows:
■
*
*
*
*
*
1832.111 Contractor clauses for other
than commercial purchases
Subpart 1832.4—Advance Payments for
Other Than Commercial Products and
Commercial Services
*
*
*
*
*
[FR Doc. 2023–17720 Filed 9–18–23; 8:45 am]
BILLING CODE 7510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 220523–0193; RTID 0648–
XD337]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
General Category September Time
Period Quota Transfer and Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer
and closure.
AGENCY:
NMFS is transferring 21.7
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the General category September time
period resulting in an adjusted
September time period subquota of
210 mt and a Reserve category quota of
5.7 mt. NMFS is also simultaneously
closing the General category fishery for
large medium and giant (i.e., measuring
SUMMARY:
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
64385
73 inches (185 centimeters)) curved fork
length or greater) BFT for the September
time period. This action also waives the
previously scheduled restricted-fishing
days (RFDs) for the remainder of the
September time period. With the RFDs
waived during the closure, fishermen
aboard General category permitted
vessels and Highly Migratory Species
(HMS) Charter/Headboat permitted
vessels may tag and release BFT of all
sizes, subject to the requirements of the
catch-and-release and tag-and-release
programs. On October 1, 2023, the
fishery will reopen automatically and
previously scheduled RFDs for October
will resume.
DATES: The transfer is effective
September 17, 2023, through September
30, 2023. The closure is effective 11:30
p.m., local time, September 17, 2023,
through September 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov,
301–427–8503, and Ann Williamson,
ann.williamson@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 baseline quotas for the General and
Reserve categories are 710.7 mt and
38.2 mt, respectively. The General
category baseline quota is suballocated
to different time periods. Relevant to
this action, the baseline subquota for the
E:\FR\FM\19SER1.SGM
19SER1
64386
Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
September time period is 188.3 mt. To
date, NMFS has published one action
that resulted in adjustments to the
Reserve category quota, resulting in an
adjusted Reserve category quota of
27.4 mt (88 FR 48136, July 26, 2023). In
this action, NMFS is transferring 21.7 mt
from the Reserve category to the General
category September time period. This
transfer results in 210 mt (188.3 mt +
21.7 mt = 210 mt) being available for the
General category September time
period. This transfer also results in
5.7 mt (27.4 mt¥21.7 mt = 5.7 mt) being
available in the Reserve category
through the remainder of the 2023
fishing year, or until modified in a later
action.
Transfer of 21.7 mt From the Reserve
Category to the General Category
Under § 635.27(a)(8), NMFS has the
authority to transfer quota among
fishing categories or subcategories after
considering the determination criteria
provided under § 635.27(a)(7). NMFS
has considered all of the relevant
determination criteria and their
applicability to this inseason quota
transfer. These criteria include, but are
not limited to, the following:
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 in the General
category would support the continued
collection of a broad range of data for
these studies and for stock monitoring
purposes.
NMFS considered the catches of the
General category quota to date and the
likelihood of overharvests and an earlier
closure of the General category if no
adjustment is made (§ 635.27(a)(7)(ii)
and (ix)). To date, preliminary landings
data indic ate that the General category
has landed approximately 132.5 mt for
the September time period. Without a
quota transfer at this time, the General
category would have exceeded the
available quota and NMFS would have
needed to close the General category
fishery earlier. If this had happened,
participants would have had to stop
BFT fishing activities while
commercial-sized BFT remain available
in the areas where General category
permitted vessels operate. A quota
transfer of 21.7 mt at this time provides
limited additional opportunities to
VerDate Sep<11>2014
16:04 Sep 18, 2023
Jkt 259001
harvest the U.S. BFT quota while
avoiding a large exceedance.
Regarding the projected ability of the
vessels fishing under the General
category to harvest the additional
amount of BFT quota transferred before
the end of the fishing year
(§ 635.27(a)(7)(iii)), NMFS considered
General category landings over the last
several years and landings to date this
year. Landings are highly variable and
depend on access to commercial-sized
BFT and fishing conditions, among
other factors. Current reports indicate
the General category has already
harvested almost all of the transferred
21.7 mt. Thus, this quota transfer would
allow fishermen to take advantage of the
availability of BFT on the fishing
grounds and provide a reasonable
opportunity to harvest the available U.S.
BFT quota.
NMFS also considered the estimated
amounts by which quotas for other gear
categories of the fishery might be
exceeded (§ 635.27(a)(7)(iv)) and the
ability to account for all 2023 landings
and dead discards. In the last several
years, total U.S. BFT landings have been
below the available U.S. quota such that
the United States has carried forward
the maximum amount of underharvest
allowed by ICCAT from one year to the
next. NMFS anticipates having
sufficient quota to account for landings
and dead discards within the adjusted
U.S. quota, consistent with ICCAT
recommendations.
NMFS also considered the effects of
the adjustment on the BFT stock and the
effects of the transfer on accomplishing
the objectives of the FMP
(§ 635.27(a)(7)(v) and (vi)). This transfer
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
quota transfer is in line with the
established management measures and
stock status determinations. Another
principal consideration 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
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
to § 635.27(a)(7)(x)). Specific to the
General category, this includes
providing opportunities equitably across
all time periods.
Given these considerations, NMFS is
transferring 21.7 mt of the available
27.4 mt of Reserve category quota to the
General category September time period
subquota. Therefore, NMFS adjusts the
General category September time period
subquota to 210 mt and the Reserve
category quota to 5.7 mt for the
remainder of the 2023 fishing year, or
until modified by a later action.
Closure of the September 2023 General
Category Fishery
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 or after
the effective date and time of a closure
notice for that category until the
opening of the relevant subsequent
quota period or until such date as
specified.
To date, reported landings for the
General category September time period
total approximately 132.5 mt. Based on
these landings data, NMFS has
determined that the adjusted General
category September time period
subquota of 210 mt is projected to be
reached and exceeded shortly.
Therefore, retaining, possessing, or
landing large medium or giant (i.e.,
measuring 73 inches (185 cm) curved
fork length or greater) BFT by persons
aboard vessels permitted in the Atlantic
Tunas General category and HMS
Charter/Headboat permitted vessels
(while fishing commercially) must cease
at 11:30 p.m. local time on September
17, 2023. This action applies to Atlantic
Tunas General category (commercial)
permitted vessels and HMS Charter/
Headboat permitted vessels with a
commercial sale endorsement when
fishing commercially for BFT and is
taken consistent with the regulations at
§ 635.28(a)(1). The General category will
automatically reopen October 1, 2023,
for the October through November 2023
time period, with a default daily
retention limit of one BFT per vessel.
Adjustment of Daily Retention Limit for
Selected Dates
On May 25, 2023 (88 FR 33839),
NMFS published a final rule
implementing RFDs every Tuesday,
Friday, and Saturday from July 1
through November 30, 2023. Since the
fishery will be closed for the remainder
of the September time period, NMFS
waives the previously scheduled RFDs
E:\FR\FM\19SER1.SGM
19SER1
Federal Register / Vol. 88, No. 180 / Tuesday, September 19, 2023 / Rules and Regulations
for the remainder of that time period.
Previously scheduled RFDs will resume
on October 1, 2023.
With the RFDs waived during the
closure, consistent with § 635.23(a)(4),
fishermen aboard General category
permitted vessels and HMS Charter/
Headboat permitted vessels may tag and
release BFT of all sizes, subject to the
requirements of the catch-and-release
and tag-and-release programs at
§ 635.26. All BFT that are released must
be handled in a manner that will
maximize their 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-and-education/careful-catchand-release-brochure/.
ddrumheller on DSK120RN23PROD with RULES1
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 adjustments, as well as closures,
and may result in enforcement actions.
Additionally, and separate from the
dealer reporting requirement, General
and HMS Charter/Headboat category
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 https://
www.hmspermits.noaa.gov or by using
the HMS Catch Reporting app, or calling
VerDate Sep<11>2014
16:04 Sep 18, 2023
Jkt 259001
(888) 872–8862 (Monday through Friday
from 8 a.m. until 4:30 p.m.).
After the fishery reopens on October
1, 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. 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 opportunity
for public comment on this quota
transfer and closure of the General
category is impracticable and contrary
PO 00000
Frm 00037
Fmt 4700
Sfmt 9990
64387
to the public interest as the General
category fishery is currently underway
for the September time period. Based on
General category catch rates, a delay in
this action would likely result in BFT
landings exceeding the adjusted
September 2023 General category quota.
Subquota exceedance may result in the
need to reduce quota for the General
category later in the year and thus could
affect later fishing opportunities. NMFS
could not have proposed this action
earlier, as it needed to consider and
respond to updated landings data, in
deciding to transfer a portion of the
Reserve category quota to the General
category quota. This action does not
raise conservation and management
concerns. Transferring quota from the
Reserve category to the General category
does not affect the overall U.S. BFT
quota, and available data show the
adjustment would have a minimal risk
of exceeding the ICCAT-allocated quota.
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 good cause to waive the 30-day
delay in effective date.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: September 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–20148 Filed 9–14–23; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\19SER1.SGM
19SER1
]]>Agencies
[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64385-64387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20148]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220523-0193; RTID 0648-XD337]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category September Time Period Quota Transfer and
Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota transfer and closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 21.7 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category
September time period resulting in an adjusted September time period
subquota of 210 mt and a Reserve category quota of 5.7 mt. NMFS is also
simultaneously closing the General category fishery for large medium
and giant (i.e., measuring 73 inches (185 centimeters)) curved fork
length or greater) BFT for the September time period. This action also
waives the previously scheduled restricted-fishing days (RFDs) for the
remainder of the September time period. With the RFDs waived during the
closure, fishermen aboard General category permitted vessels and Highly
Migratory Species (HMS) Charter/Headboat permitted vessels may tag and
release BFT of all sizes, subject to the requirements of the catch-and-
release and tag-and-release programs. On October 1, 2023, the fishery
will reopen automatically and previously scheduled RFDs for October
will resume.
DATES: The transfer is effective September 17, 2023, through September
30, 2023. The closure is effective 11:30 p.m., local time, September
17, 2023, through September 30, 2023.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected],
301-427-8503, and 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.
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
baseline quotas for the General and Reserve categories are 710.7 mt and
38.2 mt, respectively. The General category baseline quota is
suballocated to different time periods. Relevant to this action, the
baseline subquota for the
[[Page 64386]]
September time period is 188.3 mt. To date, NMFS has published one
action that resulted in adjustments to the Reserve category quota,
resulting in an adjusted Reserve category quota of 27.4 mt (88 FR
48136, July 26, 2023). In this action, NMFS is transferring 21.7 mt
from the Reserve category to the General category September time
period. This transfer results in 210 mt (188.3 mt + 21.7 mt = 210 mt)
being available for the General category September time period. This
transfer also results in 5.7 mt (27.4 mt-21.7 mt = 5.7 mt) being
available in the Reserve category through the remainder of the 2023
fishing year, or until modified in a later action.
Transfer of 21.7 mt From the Reserve Category to the General Category
Under Sec. 635.27(a)(8), NMFS has the authority to transfer quota
among fishing categories or subcategories after considering the
determination criteria provided under Sec. 635.27(a)(7). NMFS has
considered all of the relevant determination criteria and their
applicability to this inseason quota transfer. These criteria include,
but are not limited to, the following:
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 in the General
category would support the continued collection of a broad range of
data for these studies and for stock monitoring purposes.
NMFS considered the catches of the General category quota to date
and the likelihood of overharvests and an earlier closure of the
General category if no adjustment is made (Sec. 635.27(a)(7)(ii) and
(ix)). To date, preliminary landings data indic ate that the General
category has landed approximately 132.5 mt for the September time
period. Without a quota transfer at this time, the General category
would have exceeded the available quota and NMFS would have needed to
close the General category fishery earlier. If this had happened,
participants would have had to stop BFT fishing activities while
commercial-sized BFT remain available in the areas where General
category permitted vessels operate. A quota transfer of 21.7 mt at this
time provides limited additional opportunities to harvest the U.S. BFT
quota while avoiding a large exceedance.
Regarding the projected ability of the vessels fishing under the
General category to harvest the additional amount of BFT quota
transferred before the end of the fishing year (Sec.
635.27(a)(7)(iii)), NMFS considered General category landings over the
last several years and landings to date this year. Landings are highly
variable and depend on access to commercial-sized BFT and fishing
conditions, among other factors. Current reports indicate the General
category has already harvested almost all of the transferred 21.7 mt.
Thus, this quota transfer would allow fishermen to take advantage of
the availability of BFT on the fishing grounds and provide a reasonable
opportunity to harvest the available U.S. BFT quota.
NMFS also considered the estimated amounts by which quotas for
other gear categories of the fishery might be exceeded (Sec.
635.27(a)(7)(iv)) and the ability to account for all 2023 landings and
dead discards. In the last several years, total U.S. BFT landings have
been below the available U.S. quota such that the United States has
carried forward the maximum amount of underharvest allowed by ICCAT
from one year to the next. NMFS anticipates having sufficient quota to
account for landings and dead discards within the adjusted U.S. quota,
consistent with ICCAT recommendations.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the transfer on accomplishing the objectives of the
FMP (Sec. 635.27(a)(7)(v) and (vi)). This transfer 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 quota transfer is
in line with the established management measures and stock status
determinations. Another principal consideration 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)). Specific to the General
category, this includes providing opportunities equitably across all
time periods.
Given these considerations, NMFS is transferring 21.7 mt of the
available 27.4 mt of Reserve category quota to the General category
September time period subquota. Therefore, NMFS adjusts the General
category September time period subquota to 210 mt and the Reserve
category quota to 5.7 mt for the remainder of the 2023 fishing year, or
until modified by a later action.
Closure of the September 2023 General Category Fishery
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
or after the effective date and time of a closure notice for that
category until the opening of the relevant subsequent quota period or
until such date as specified.
To date, reported landings for the General category September time
period total approximately 132.5 mt. Based on these landings data, NMFS
has determined that the adjusted General category September time period
subquota of 210 mt is projected to be reached and exceeded shortly.
Therefore, retaining, possessing, or landing large medium or giant
(i.e., measuring 73 inches (185 cm) curved fork length or greater) BFT
by persons aboard vessels permitted in the Atlantic Tunas General
category and HMS Charter/Headboat permitted vessels (while fishing
commercially) must cease at 11:30 p.m. local time on September 17,
2023. This action applies to Atlantic Tunas General category
(commercial) permitted vessels and HMS Charter/Headboat permitted
vessels with a commercial sale endorsement when fishing commercially
for BFT and is taken consistent with the regulations at Sec.
635.28(a)(1). The General category will automatically reopen October 1,
2023, for the October through November 2023 time period, with a default
daily retention limit of one BFT per vessel.
Adjustment of Daily Retention Limit for Selected Dates
On May 25, 2023 (88 FR 33839), NMFS published a final rule
implementing RFDs every Tuesday, Friday, and Saturday from July 1
through November 30, 2023. Since the fishery will be closed for the
remainder of the September time period, NMFS waives the previously
scheduled RFDs
[[Page 64387]]
for the remainder of that time period. Previously scheduled RFDs will
resume on October 1, 2023.
With the RFDs waived during the closure, consistent with Sec.
635.23(a)(4), fishermen aboard General category permitted vessels and
HMS Charter/Headboat permitted vessels may 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 their 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/.
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 adjustments,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
General and HMS Charter/Headboat category 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 https://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.).
After the fishery reopens on October 1, 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. 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 opportunity for public comment on this quota transfer
and closure of the General category is impracticable and contrary to
the public interest as the General category fishery is currently
underway for the September time period. Based on General category catch
rates, a delay in this action would likely result in BFT landings
exceeding the adjusted September 2023 General category quota. Subquota
exceedance may result in the need to reduce quota for the General
category later in the year and thus could affect later fishing
opportunities. NMFS could not have proposed this action earlier, as it
needed to consider and respond to updated landings data, in deciding to
transfer a portion of the Reserve category quota to the General
category quota. This action does not raise conservation and management
concerns. Transferring quota from the Reserve category to the General
category does not affect the overall U.S. BFT quota, and available data
show the adjustment would have a minimal risk of exceeding the ICCAT-
allocated quota. 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 good cause to waive the 30-day delay in
effective date.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: September 13, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-20148 Filed 9-14-23; 4:15 pm]
BILLING CODE 3510-22-P
