Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category October Through November Fishery for 2023, 70605-70606 [2023-22563]

Download as PDF 70605 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations TABLE 2 TO PARAGRAPH (b)—ADDITIONAL RFG COVERED AREAS UNDER 42 U.S.C. 7545(k)(10)(D) Area designation State or district * * Eastern Kern County .................................. Dallas .......................................................... * California .......... Texas ................ Denver-Boulder-Greeley-Ft. CollinsLoveland. Colorado ........... Independent cities Counties * * * Kern County 5. Collin, Dallas, Denton, Ellis, Johnson, Kaufman, Parker, Rockwall, Tarrant, Wise. Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, Larimer County,6 Weld County 7. * * * * * * * * portion of the county (with the exception of that portion in Hydrologic Unit Number 18090205 the Indian Wells Valley) east and south of a line described as follows: Beginning at the Kern-Los Angeles County boundary and running north and east along the northwest boundary of the Rancho La Liebre Land Grant to the point of intersection with the range line common to Range 16 West and Range 17 West, San Bernardino Base and Meridian; north along the range line to the point of intersection with the Rancho El Tejon Land Grant boundary; then southeast, northeast, and northwest along the boundary of the Rancho El Tejon Grant to the northwest corner of Section 3, Township 11 North, Range 17 West; then west 1.2 miles; then north to the Rancho El Tejon Land Grant boundary; then northwest along the Rancho El Tejon line to the southeast corner of Section 34, Township 32 South, Range 30 East, Mount Diablo Base and Meridian; then north to the northwest corner of Section 35, Township 31 South, Range 30 East; then northeast along the boundary of the Rancho El Tejon Land Grant to the southwest corner of Section 18, Township 31 South, Range 31 East; then east to the southeast corner of Section 13, Township 31 South, Range 31 East; then north along the range line common to Range 31 East and Range 32 East, Mount Diablo Base and Meridian, to the northwest corner of Section 6, Township 29 South, Range 32 East; then east to the southwest corner of Section 31, Township 28 South, Range 32 East; then north along the range line common to Range 31 East and Range 32 East to the northwest corner of Section 6, Township 28 South, Range 32 East, then west to the southeast corner of Section 36, Township 27 South, Range 31 East, then north along the range line common to Range 31 East and Range 32 East to the Kern-Tulare County boundary. 6 That portion of the county that lies south of a line described as follows: Beginning at a point on Larimer County’s eastern boundary and Weld County’s western boundary intersected by latitude 40 degrees, 42 minutes, and 47.1 seconds north, proceed west to a point defined by the intersection of latitude 40 degrees, 42 minutes, 47.1 seconds north and longitude 105 degrees, 29 minutes, and 40.0 seconds west, proceeding south on longitude 105 degrees, 29 minutes, 40.0 seconds west to the intersection with latitude 40 degrees, 33 minutes and 17.4 seconds north, proceeding west on latitude 40 degrees, 33 minutes, 17.4 seconds north until this line intersects Larimer County’s western boundary and Grand County’s eastern boundary. 7 That portion of the county that lies south of a line described as follows: Beginning at a point on Weld County’s eastern boundary and Logan County’s western boundary intersected by latitude 40 degrees, 42 minutes, 47.1 seconds north, proceeding west on latitude 40 degrees, 42 minutes, 47.1 seconds north until this line intersects Weld County’s western boundary and Larimer County’s eastern boundary. 5 That * * * * * [FR Doc. 2023–22532 Filed 10–11–23; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 220919–0193; RTID 0648– XD387] Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category October Through November Fishery for 2023 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length or greater) Atlantic bluefin tuna (BFT) for the remainder of the October through November time period. This action applies to Atlantic Tunas General category (commercial) permitted vessels and highly migratory species (HMS) Charter/Headboat ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:26 Oct 11, 2023 Jkt 262001 permitted vessels with a commercial sale endorsement when fishing commercially for BFT. This action also waives the previously-scheduled restricted-fishing days (RFDs) for the remainder of the October through November time period. With the RFDs waived during the closure, 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. On December 1, 2023, the fishery will reopen automatically. DATES: Effective 11:30 p.m., local time, October 9, 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. 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. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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 current baseline quota for the General category is 710.7 mt. The General category baseline quota is suballocated to different time periods. Relevant to this action, the baseline subquota for the October through November time period is 92.4 mt. Effective September 28, 2023, NMFS transferred 25 mt from the Reserve category to the General category, resulting in an adjusted October through November time period subquota of 117.4 and 87.2 mt for the Reserve E:\FR\FM\12OCR1.SGM 12OCR1 70606 Federal Register / Vol. 88, No. 196 / Thursday, October 12, 2023 / Rules and Regulations category (88 FR 67654, September 28, 2023). 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. ddrumheller on DSK120RN23PROD with RULES1 Closure of the October Through November 2023 General Category Fishery To date, reported landings for the General category October through November time period total approximately 60.1 mt. Based on these landings, NMFS has determined that the adjusted October through November time period subquota of 117.4 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 October 9, 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 December 1, 2023, for the December 2023 time period with a retention limit of one large medium or giant BFT per vessel per day/trip. 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 October through November time period, NMFS waives the previouslyscheduled RFDs for the remainder of that time period. 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 VerDate Sep<11>2014 15:26 Oct 11, 2023 Jkt 262001 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/. 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 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 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.). After the fishery reopens on December 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. 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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, based on landings information, the available time period subquota is projected to be reached shortly. Delaying this action could result in BFT landings exceeding the October through November time period subquota. Taking this action does not raise conservation or 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 effective date. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: October 6, 2023. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2023–22563 Filed 10–6–23; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 230810–0190; RTID 0648– XD416] Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gulf of Maine Cod Possession and Trip Limit Adjustment for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; in-season adjustment. AGENCY: This action decreases the possession and trip limits for Gulf of Maine (GOM) cod for Northeast multispecies common pool vessels for the remainder of the 2023 fishing year, through April 30, 2024. The National Marine Fisheries Service projects that, at its current trajectory, the common pool will exceed its 2023 sub-Annual Catch Limit for GOM cod. This decrease in the possession and trip limit for Gulf of Maine cod is intended to prevent the common pool fishery from exceeding its SUMMARY: E:\FR\FM\12OCR1.SGM 12OCR1

Agencies

[Federal Register Volume 88, Number 196 (Thursday, October 12, 2023)]
[Rules and Regulations]
[Pages 70605-70606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22563]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220919-0193; RTID 0648-XD387]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; Closure of the General Category October Through November 
Fishery for 2023

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS closes the General category fishery for large medium and 
giant (i.e., measuring 73 inches (185 cm) curved fork length or 
greater) Atlantic bluefin tuna (BFT) for the remainder of the October 
through November time period. This action applies to Atlantic Tunas 
General category (commercial) permitted vessels and highly migratory 
species (HMS) Charter/Headboat permitted vessels with a commercial sale 
endorsement when fishing commercially for BFT. This action also waives 
the previously-scheduled restricted-fishing days (RFDs) for the 
remainder of the October through November time period. With the RFDs 
waived during the closure, 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. On December 1, 2023, the fishery will 
reopen automatically.

DATES: Effective 11:30 p.m., local time, October 9, 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 
current baseline quota for the General category is 710.7 mt. The 
General category baseline quota is suballocated to different time 
periods. Relevant to this action, the baseline subquota for the October 
through November time period is 92.4 mt. Effective September 28, 2023, 
NMFS transferred 25 mt from the Reserve category to the General 
category, resulting in an adjusted October through November time period 
subquota of 117.4 and 87.2 mt for the Reserve

[[Page 70606]]

category (88 FR 67654, September 28, 2023).
    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.

Closure of the October Through November 2023 General Category Fishery

    To date, reported landings for the General category October through 
November time period total approximately 60.1 mt. Based on these 
landings, NMFS has determined that the adjusted October through 
November time period subquota of 117.4 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 October 9, 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 
December 1, 2023, for the December 2023 time period with a retention 
limit of one large medium or giant BFT per vessel per day/trip.

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 October through November time period, NMFS waives the 
previously-scheduled RFDs for the remainder of that time period.
    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 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 
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 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.).
    After the fishery reopens on December 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. 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, based on landings information, the available 
time period subquota is projected to be reached shortly. Delaying this 
action could result in BFT landings exceeding the October through 
November time period subquota. Taking this action does not raise 
conservation or 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 
effective date.
    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: October 6, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-22563 Filed 10-6-23; 4:15 pm]
BILLING CODE 3510-22-P

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