Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category December Fishery for 2023, 85517-85518 [2023-26933]
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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations
specific equity and voting interests, and
description of controlling interests, of
their Reportable Foreign Interest
Holders. Instead, Authorization Holders
that qualify for the Exemption will be
required to identify, on an aggregated
basis, all of the citizenship(s) or place(s)
of organization of their Reportable
Foreign Interest Holders. Specifically, to
qualify for the Exemption:
(1) The Authorization Holder must
have filed an application for an initial
International Section 214 Authorization,
modification, or substantial (not a pro
forma filing) assignment or transfer of
control of the authorization that was
reviewed by the Executive Branch
agencies and was granted by the
Commission on or after [date 3 years
before date of filing deadline, 2020]; and
(2) There are no Reportable Foreign
Interest Holders of the Authorization
Holder other than those disclosed in the
application (including any amendment),
and there are no changes to the
Reportable Foreign Interest Holders
disclosed in the application (including
any amendment) as of [date 30 days
prior to filing deadline, 2023].14
10. To qualify for the Exemption,
Authorization Holders will also need to
supply the File Number of the
application that fulfills all of these
requirements.
III. Procedural Issues
khammond on DSKJM1Z7X2PROD with RULES
11. Regulatory Flexibility Act. The
Regulatory Flexibility Act of 1980, as
amended (RFA), requires that an agency
prepare a regulatory flexibility analysis
for notice and comment rulemakings,
unless the agency certifies that ‘‘the rule
will not, if promulgated, have a
significant economic impact on a
substantial number of small entities.’’
Because the Order does not adopt a rule
and therefore does not require notice
and comment, no Final Regulatory
Flexibility Analysis is required.
12. Final Paperwork Reduction Act
Analysis. This document contains new
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. On
June 6, 2023, OMB approved, for a
period until December 31, 2023, the
14 To qualify for the Exemption, there must be no
changes to the Reportable Foreign Interest Holders
disclosed in the application (including any
amendment), including but not limited to: no
change in the reported citizenship(s), including
dual or multiple citizenships, and/or place(s) of
organization of any Reportable Foreign Interest
Holder; no removal of any Reportable Foreign
Interest Holder from an Authorization Holder’s
chain of ownership; and no change in a Reportable
Foreign Interest Holder’s ownership interests to less
than 10% equity and/or voting interests or less than
a controlling interest. See Evolving Risks Order and
NPRM at *10–11, paras. 18–20 & nn.72–74, 78–80.
VerDate Sep<11>2014
16:05 Dec 07, 2023
Jkt 262001
information collection requirements in
this document. On November 1, 2023,
OMB approved an emergency extension
of this information collection, for a
period until June 30, 2024. In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the Commission considers how it might
further reduce the information
collection burden for small business
concerns with fewer than 25 employees.
In the Order, the Commission has
assessed the effects of requiring
international section 214 authorization
holders to identify reportable foreign
ownership and to certify as to the
accuracy of the information provided
and find that they would have
information about their ownership
available in the ordinary course of
business, for instance, for purposes of
compliance with the Commission’s
rules. Further, although the Commission
does not have an estimated number of
authorization holders that will need to
obtain an FRN number or to file a
surrender letter, the burdens are also
low. For instance, obtaining an FRN for
this purpose entails only a minimal
burden. Therefore, the Commission
anticipates that the new collection will
not be unduly burdensome.
13. People with Disabilities. To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (TTY).
IV. Ordering Clauses
14. Accordingly, it is ordered that,
pursuant to sections 4(i), 214, 218, 219,
and 403 of the Communications Act of
1934, as amended, 47 U.S.C. 4(i), 214,
218, 219, and 403, this Order is hereby
adopted.
15. It is further ordered that this Order
shall be effective after the Office of
Management and Budget completes
review of any information collection
requirements that the Office of
International Affairs determines are
required under the Paperwork
Reduction Act.
16. It is further ordered that the Office
of International Affairs shall conduct
the information collection required by
the Order, including the creation of any
information collection forms or other
instrument, and shall publish notice of
the effective date of the information
collection required by the Order and the
filing deadline in the Federal Register.
The filing deadline shall be no fewer
than 30 days following the effective date
of the Order. The Office of International
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
85517
Affairs shall announce the effective date
and the filing deadline for the
requirements in this Order by
subsequent Public Notice.
17. It is further ordered, pursuant to
sections 4(i), 214, 218, 219, and 403 of
the Communications Act of 1934, as
amended, 47 U.S.C. 4(i), 214, 218, 219,
and 403, and §§ 0.19, 0.204, and 0.351
of the Commission’s rules, 47 CFR 0.19,
0.204, 0.351, that the Exemption from
responding to certain portions of the
One-Time Information Collection, as
described herein, is adopted.
Federal Communications Commission
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023–26981 Filed 12–7–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 220919–0193; RTID 0648–
XD474]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
Closure of the General Category
December 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 December 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.
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
January 1, 2024, the fishery will reopen
automatically.
DATES: Effective 11:30 p.m., local time,
December 6, 2023, through December
31, 2023.
FOR FURTHER INFORMATION CONTACT:
Becky Curtis, becky.curtis@noaa.gov,
301–427–8503; or Larry Redd, Jr.,
larry.redd@noaa.gov, 301–427–8503.
SUMMARY:
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Federal Register / Vol. 88, No. 235 / Friday, December 8, 2023 / Rules and Regulations
Atlantic
HMS fisheries, including BFT fisheries,
are managed under the 2006
Consolidated HMS Fishery Management
Plan (FMP) and its amendments,
pursuant to the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act; 16 U.S.C.
1801 et seq.) and consistent with the
Atlantic Tunas Convention Act (ATCA;
16 U.S.C. 971 et seq.). HMS
implementing regulations are 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 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 December time period
is 37 mt. To date for 2023, NMFS
published two actions that adjusted the
General category December 2023 time
period quota, most recently to 48.7 mt
(88 FR 786, January 5, 2023; 88 FR
77903, November 14, 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.
khammond on DSKJM1Z7X2PROD with RULES
SUPPLEMENTARY INFORMATION:
Closure of the December 2023 General
Category Fishery
To date, reported landings for the
General category December time period
total 38.6 mt. Based on these landings,
NMFS has determined that the adjusted
December time period subquota of 48.7
VerDate Sep<11>2014
16:05 Dec 07, 2023
Jkt 262001
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
December 6, 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 January 1, 2024,
for the January through March 2024
time period with a retention limit of one
large medium or giant BFT per vessel
per day/trip.
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/.
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 January
1, depending on the level of fishing
PO 00000
Frm 00052
Fmt 4700
Sfmt 9990
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 adjusted December 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: December 4, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2023–26933 Filed 12–5–23; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85517-85518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26933]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220919-0193; RTID 0648-XD474]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries; Closure of the General Category December 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 December
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. 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 January 1, 2024, the
fishery will reopen automatically.
DATES: Effective 11:30 p.m., local time, December 6, 2023, through
December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Becky Curtis, [email protected],
301-427-8503; or Larry Redd, Jr., [email protected], 301-427-8503.
[[Page 85518]]
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT
fisheries, are managed under the 2006 Consolidated HMS Fishery
Management Plan (FMP) and its amendments, pursuant to the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act;
16 U.S.C. 1801 et seq.) and consistent with the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS implementing
regulations are 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
December time period is 37 mt. To date for 2023, NMFS published two
actions that adjusted the General category December 2023 time period
quota, most recently to 48.7 mt (88 FR 786, January 5, 2023; 88 FR
77903, November 14, 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 December 2023 General Category Fishery
To date, reported landings for the General category December time
period total 38.6 mt. Based on these landings, NMFS has determined that
the adjusted December time period subquota of 48.7 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 December 6, 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 January 1, 2024, for the January through March
2024 time period with a retention limit of one large medium or giant
BFT per vessel per day/trip.
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 January 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 adjusted December
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: December 4, 2023.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2023-26933 Filed 12-5-23; 4:15 pm]
BILLING CODE 3510-22-P
