Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category October Through November Time Period Quota Transfer, 67654-67656 [2023-21707]
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
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BILLING CODE 6560–50–P
[FR Doc. 2023–21292 Filed 9–29–23; 8:45 am]
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Correction
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Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
General Category October Through
November Time Period Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS is transferring 25
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the General category October through
November time period resulting in an
adjusted October through November
time period subquota of 117.4 mt and a
Reserve category quota of 87.2 mt. This
action would affect 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.
DATES: The transfer is effective
September 28, 2023, through November
30, 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.
SUMMARY:
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Federal Communications Commission.
Marlene Dortch,
Secretary.
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[FR Doc. 2023–21700 Filed 9–29–23; 8:45 am]
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national
standards
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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
October to November time period is 92.4
mt. To date, NMFS has published
several actions that resulted in
adjustments to the Reserve category
quota, including the allowable carryover
of underharvest from 2022 to 2023,
resulting in an adjusted Reserve
category quota of 112.2 mt (88 FR
48136, July 26, 2023; 88 FR 64385,
SUPPLEMENTARY INFORMATION:
E:\FR\FM\02OCR1.SGM
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
September 19, 2023; 88 FR 64831
September 20, 2023). In this action,
NMFS is transferring 25 mt from the
Reserve category to the General category
October through November time period.
This transfer results in 117.4 mt (92.4
mt + 25 mt = 117.4 mt) being available
for the General category October
through November time period. This
transfer also results in 87.2 mt (112.2 mt
¥ 25 mt = 87.2 mt) being available in
the Reserve category through the
remainder of the 2023 fishing year.
Transfer of 25 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 will 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)). While the General category is
currently closed and the October
through November time-period
subquota has not yet opened or been
exceeded, without a quota transfer,
NMFS would likely need to close the
General category shortly after the
October through November time period
opens and participants would have to
stop BFT fishing activities while
commercial-sized BFT remain available
in the areas where General category
permitted vessels operate. A quota
transfer of 25 mt at this time provides
limited additional opportunities to
harvest the U.S. BFT quota while
avoiding exceeding it.
Regarding the projected ability of the
vessels fishing under the General
category to harvest the additional
amount of BFT quota transferred before
VerDate Sep<11>2014
16:36 Sep 29, 2023
Jkt 262001
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. Thus, this quota transfer
will 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 most of 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 recently
took such an action to carry over the
allowable 106.5 mt of underharvest from
2022 to 2023 (88 FR 64831, September
20, 2023). 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
to § 635.27(a)(7)(x)). Specific to the
General category, this includes
providing opportunities equitably across
all time periods.
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67655
Given these considerations, NMFS is
transferring 25 mt of the available 112.2
mt of Reserve category quota to the
General category October through
November time period subquota.
Therefore, NMFS adjusts the General
category October through November
time period subquota to 117.4 mt and
the Reserve category quota to 87.2 mt for
the remainder of the 2023 fishing year,
or until modified by a later action.
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.).
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
https://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
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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations
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 of the General category is
impracticable and contrary to the public
interest as the General category fishery
will open on October 1 for the October
through November time period. Based
on General category catch rates, a delay
in this action would likely result in BFT
landings exceeding the adjusted October
through November 2023 General
category quota shortly after the opening
on October 1. 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 ICCATallocated 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 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–21707 Filed 9–27–23; 4:15 pm]
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BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 221206–0261]
RIN 0648–BM62
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2023–2024 Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
AGENCY:
This final rule announces
routine inseason adjustments to
management measures in commercial
and recreational groundfish fisheries for
the remainder of the 2023 fishing year.
This action is intended to allow
commercial and recreational fishing
vessels to access more abundant
groundfish stocks while protecting
overfished and depleted stocks.
DATES: This final rule is effective
October 2, 2023.
ADDRESSES: Electronic Access: This rule
is accessible via the internet at the
Office of the Federal Register website at
https://www.federalregister.gov.
Background information and documents
are available at the Pacific Fishery
Management Council’s website at https://
www.pcouncil.org/ including the 2021
stock assessment for quillback rockfish
(see Agenda Item E.2, Attachment 4,
November 2021) and supporting
information for the Council’s
recommendations at the September
2023 meeting.
FOR FURTHER INFORMATION CONTACT:
Keeley Kent, phone: 206–247–8252 or
email: keeley.kent@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Pacific Coast Groundfish Fishery
Management Plan (PCGFMP) and its
implementing regulations at title 50 in
the Code of Federal Regulations (CFR),
part 660, subparts C through G, regulate
fishing for over 90 species of groundfish
in the exclusive economic zone (EEZ)
off the coasts of Washington, Oregon,
and California. The Pacific Fishery
Management Council (Council)
develops groundfish harvest
specifications and management
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16:36 Sep 29, 2023
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Fmt 4700
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measures for 2 year periods (i.e., a
biennium). NMFS published the final
rule to implement harvest specifications
and management measures for the
2023–2024 biennium for most species
managed under the PCGFMP on
December 16, 2022 (87 FR 77007). In
general, the management measures set at
the start of the biennial harvest
specifications cycle help the various
sectors of the fishery attain, but not
exceed, the catch limits for each stock.
The Council, in coordination with
Pacific Coast Treaty Indian Tribes and
the States of Washington, Oregon, and
California, recommends adjustments to
the management measures during the
fishing year to achieve this goal.
At its September 2023 meeting, in an
effort to limit mortality of quillback
rockfish off California (as discussed
below), the Council recommended
NMFS prohibit quillback rockfish
retention in federal waters off California
in all recreational (i.e., bag limit of zero)
and commercial (i.e., zero retention
under trip limit for minor nearshore
rockfish complex) groundfish fisheries;
close the ‘‘nearshore’’ recreational
groundfish fisheries for the remainder of
2023 in federal waters for the Northern
Groundfish Management Area (GMA),
Mendocino GMA, San Francisco GMA,
and Central GMA; and prohibit
recreational vessels from fishing in
federal waters shoreward of the 50
fathom rockfish conservation area (RCA)
boundary line. Shelf rockfish, slope
rockfish, and lingcod may be taken
seaward of the 50-fathom boundary line
by recreational vessels, while it will be
unlawful to take or possess nearshore
rockfish, cabezon or greenlings at any
depth in federal waters by recreational
vessels. To further limit incidental catch
and discards of quillback rockfish, the
Council also recommended modifying
fixed gear trip limits between 42° North
(N) latitude (lat.) to 34°27′ N lat. for
limited entry (LE) and open access (OA)
fisheries for the following co-occurring
species: Minor Shelf Rockfish complex,
widow rockfish, yellowtail rockfish,
canary rockfish, Minor Nearshore
Rockfish complex, lingcod, chilipepper
rockfish, bocaccio rockfish, and
cabezon.
In addition to the quillback rockfish
related management measure
adjustments, the Council recommended
modifying fixed gear trip limits for LE
and OA fisheries for sablefish north of
36° N lat. and lingcod north of 42° N lat.
All of the inseason actions the Council
recommended were adjustments to be
implemented for the remainder of the
2023 fishing year.
Pacific Coast groundfish fisheries are
managed using harvest specifications or
E:\FR\FM\02OCR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 189 (Monday, October 2, 2023)]
[Rules and Regulations]
[Pages 67654-67656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21707]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220523-0193; RTID 0648-XD386]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; General Category October Through November Time Period Quota
Transfer
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota transfer.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 25 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category
October through November time period resulting in an adjusted October
through November time period subquota of 117.4 mt and a Reserve
category quota of 87.2 mt. This action would affect 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.
DATES: The transfer is effective September 28, 2023, through November
30, 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.
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 October to November time period is 92.4 mt.
To date, NMFS has published several actions that resulted in
adjustments to the Reserve category quota, including the allowable
carryover of underharvest from 2022 to 2023, resulting in an adjusted
Reserve category quota of 112.2 mt (88 FR 48136, July 26, 2023; 88 FR
64385,
[[Page 67655]]
September 19, 2023; 88 FR 64831 September 20, 2023). In this action,
NMFS is transferring 25 mt from the Reserve category to the General
category October through November time period. This transfer results in
117.4 mt (92.4 mt + 25 mt = 117.4 mt) being available for the General
category October through November time period. This transfer also
results in 87.2 mt (112.2 mt - 25 mt = 87.2 mt) being available in the
Reserve category through the remainder of the 2023 fishing year.
Transfer of 25 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 will 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)). While the General category is currently closed and the October
through November time-period subquota has not yet opened or been
exceeded, without a quota transfer, NMFS would likely need to close the
General category shortly after the October through November time period
opens and participants would have to stop BFT fishing activities while
commercial-sized BFT remain available in the areas where General
category permitted vessels operate. A quota transfer of 25 mt at this
time provides limited additional opportunities to harvest the U.S. BFT
quota while avoiding exceeding it.
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. Thus, this quota transfer will 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 most of 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 recently took such an action
to carry over the allowable 106.5 mt of underharvest from 2022 to 2023
(88 FR 64831, September 20, 2023). 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 25 mt of the
available 112.2 mt of Reserve category quota to the General category
October through November time period subquota. Therefore, NMFS adjusts
the General category October through November time period subquota to
117.4 mt and the Reserve category quota to 87.2 mt for the remainder of
the 2023 fishing year, or until modified by a later action.
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.).
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 https://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
[[Page 67656]]
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
of the General category is impracticable and contrary to the public
interest as the General category fishery will open on October 1 for the
October through November time period. Based on General category catch
rates, a delay in this action would likely result in BFT landings
exceeding the adjusted October through November 2023 General category
quota shortly after the opening on October 1. 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 27, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-21707 Filed 9-27-23; 4:15 pm]
BILLING CODE 3510-22-P
