82_FR_16198 82 FR 16136 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category Fishery

82 FR 16136 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 62 (April 3, 2017)

Page Range16136-16137
FR Document2017-06405

NMFS closes the coastwide General category fishery for large medium and giant Atlantic bluefin tuna (BFT) until the General category reopens on June 1, 2017. This action is being taken to prevent any further overharvest of the available adjusted General category January 2017 BFT subquota.

Federal Register, Volume 82 Issue 62 (Monday, April 3, 2017) 
[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Rules and Regulations]
[Pages 16136-16137]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06405]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XF284


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; General Category Fishery

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS closes the coastwide General category fishery for large 
medium and giant Atlantic bluefin tuna (BFT) until the General category 
reopens on June 1, 2017. This action is being taken to prevent any 
further overharvest of the available adjusted General category January 
2017 BFT subquota.

DATES: Effective 11:30 p.m., local time, March 29, 2017, through May 
31, 2017.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.

SUPPLEMENTARY INFORMATION: Regulations implemented 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.) governing the harvest of BFT by 
persons and vessels subject to U.S. jurisdiction are found at 50 CFR 
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) among the various domestic fishing categories, per the 
allocations established in the 2006 Consolidated Highly Migratory 
Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 
58058, October 2, 2006), as amended.
    NMFS is required, under regulations at Sec.  635.28(a)(1), to file 
a closure notice for publication with the Office of the Federal 
Register when a BFT quota is reached or is projected to be reached. On 
and after the effective date and time of such notification, for the 
remainder of the fishing year or for a specified period as indicated in 
the notification, retaining, possessing, or landing BFT under that 
quota category is prohibited until the opening of the subsequent quota 
period or until such date as specified in the notice.
    The base quota for the General category is 466.7 mt. See Sec.  
635.27(a). Each of the General category time periods (January, June 
through August, September, October through November, and December) is 
allocated a portion of the annual General category quota. Although it 
is called the ``January'' subquota, the regulations allow the General 
category fishery under this quota to continue until the subquota is 
reached or March 31, whichever comes first. Based on the General 
category base quota of 466.7 mt, the subquotas for each time period are 
as follows: 24.7 mt for January; 233.3 mt for June through August; 
123.7 mt for September; 60.7 mt for October through November; and 24.3 
mt for December. Any unused General category quota rolls forward within 
the fishing year, which coincides with the calendar year, from one time 
period to the next, and is available for use in subsequent time 
periods. Effective January 1, 2017, NMFS transferred 16.3 mt of the 
24.3-mt General category quota allocated for the December 2017 period 
to the January 2017 period, resulting in an adjusted subquota of 41 mt 
for the January period and a subquota of 8 mt for the December 2017 
period (81 FR 91873, December 19, 2016). Effective March 2, 2017, NMFS 
transferred 40 mt from the Reserve category to the General category 
January 2017 subquota period, resulting in an adjusted subquota of 81 
mt for the January period (82 FR 12747, March 7, 2017).
    Based on the best available landings information for the General 
category BFT fishery, NMFS has determined that the adjusted General 
category January 2017 subquota of 81 mt has been reached (i.e., as of 
March 27, reported landings total approximately 82.4 mt). Therefore, 
retaining, possessing, or landing large medium or giant BFT by persons 
aboard vessels permitted in the Atlantic tunas General and HMS Charter/
Headboat categories (while fishing commercially) must cease at 11:30 
p.m. local time on March 29, 2017. The General category will reopen 
automatically on June 1, 2017, for the June through August 2017 
subperiod. This action applies to Atlantic tunas General category 
(commercial) permitted vessels and Highly Migratory Species (HMS) 
Charter/Headboat category permitted vessels when fishing commercially 
for BFT, and is taken consistent with the regulations at Sec.  
635.28(a)(1). The intent of this closure is to prevent any further 
overharvest of the available General category January BFT subquota.
    Fishermen may catch and release (or tag and release) BFT of all 
sizes, subject to the requirements of the catch-and-release and tag-
and-release programs at Sec.  635.26. All BFT that are released must be 
handled in a manner that will maximize 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 www.nmfs.noaa.gov/sfa/hms/. General, HMS Charter/Headboat, Harpoon, and Angling 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 hmspermits.noaa.gov or by using the Android or iPhone app.

Classification

    The Assistant Administrator for NMFS (AA) finds that it is 
impracticable and contrary to the public interest to provide prior 
notice of, and an opportunity for public comment on, this action for 
the following reasons:
    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. These fisheries are currently 
underway and the quota for

[[Page 16137]]

the subcategory has already been exceeded. Delaying this action would 
be contrary to the public interest because the subquota has already 
been exceeded and any delay could lead to further exceedance, which may 
result in the need to reduce quota for the General category later in 
the year and thus could affect later fishing opportunities. Therefore, 
the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice 
and the opportunity for public comment. For all of the above reasons, 
there also is good cause under 5 U.S.C. 553(d) to waive the 30-day 
delay in effectiveness.
    This action is being taken under Sec.  635.28(a)(1), and is exempt 
from review under Executive Order 12866.

    Authority:  16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: March 28, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-06405 Filed 3-28-17; 4:15 pm]
 BILLING CODE 3510-22-P

16136 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations 1 A penalty may be assessed against an authority of the Atlantic Tunas mt for the January period (82 FR 12747, individual only for a willful violation. The Convention Act (ATCA; 16 U.S.C. 971 et March 7, 2017). Administrator reserves the right to assess a seq.) and the Magnuson-Stevens Fishery Based on the best available landings penalty of up to the statutory maximum for Conservation and Management Act information for the General category any violation where circumstances warrant. BFT fishery, NMFS has determined that See 49 CFR part 209, appendix A. (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by the adjusted General category January PART 272—[AMENDED] persons and vessels subject to U.S. 2017 subquota of 81 mt has been jurisdiction are found at 50 CFR part reached (i.e., as of March 27, reported ■ 77. The authority citation for part 272 635. Section 635.27 subdivides the U.S. landings total approximately 82.4 mt). continues to read as follows: BFT quota recommended by the Therefore, retaining, possessing, or Authority: 49 U.S.C. 20103, 20107, 20109, International Commission for the landing large medium or giant BFT by note; 28 U.S.C. 2461, note; 49 CFR 1.89; and Conservation of Atlantic Tunas (ICCAT) persons aboard vessels permitted in the sec. 410, Div. A, Pub. L. 110–432, 122 Stat. among the various domestic fishing Atlantic tunas General and HMS 4888. categories, per the allocations Charter/Headboat categories (while established in the 2006 Consolidated fishing commercially) must cease at § 272.11 [Amended] Highly Migratory Species Fishery 11:30 p.m. local time on March 29, ■ 78. In § 272.11, amend paragraph (a) Management Plan (2006 Consolidated 2017. The General category will reopen as follows: HMS FMP) (71 FR 58058, October 2, automatically on June 1, 2017, for the ■ a. Remove the numerical amount 2006), as amended. June through August 2017 subperiod. ‘‘$839’’ and add in its place the NMFS is required, under regulations This action applies to Atlantic tunas numerical amount ‘‘$853’’; at § 635.28(a)(1), to file a closure notice General category (commercial) ■ b. Remove the numerical amount for publication with the Office of the permitted vessels and Highly Migratory ‘‘$27,455’’ and add in its place the Federal Register when a BFT quota is Species (HMS) Charter/Headboat numerical amount ‘‘$27,904’’; and reached or is projected to be reached. category permitted vessels when fishing ■ c. Remove the numerical amount On and after the effective date and time commercially for BFT, and is taken ‘‘$109,819’’ and add in its place the of such notification, for the remainder of consistent with the regulations at numerical amount ‘‘$111,616’’. the fishing year or for a specified period § 635.28(a)(1). The intent of this closure as indicated in the notification, is to prevent any further overharvest of Patrick Warren, retaining, possessing, or landing BFT the available General category January Acting Administrator. under that quota category is prohibited BFT subquota. [FR Doc. 2017–06220 Filed 3–31–17; 8:45 am] until the opening of the subsequent Fishermen may catch and release (or BILLING CODE 4910–06–P quota period or until such date as tag and release) BFT of all sizes, subject specified in the notice. to the requirements of the catch-and- The base quota for the General release and tag-and-release programs at DEPARTMENT OF COMMERCE category is 466.7 mt. See § 635.27(a). § 635.26. All BFT that are released must Each of the General category time be handled in a manner that will National Oceanic and Atmospheric periods (January, June through August, maximize their survival, and without Administration September, October through November, removing the fish from the water, and December) is allocated a portion of consistent with requirements at 50 CFR Part 635 the annual General category quota. § 635.21(a)(1). For additional Although it is called the ‘‘January’’ information on safe handling, see the [Docket No. 150121066–5717–02] subquota, the regulations allow the ‘‘Careful Catch and Release’’ brochure RIN 0648–XF284 General category fishery under this available at www.nmfs.noaa.gov/sfa/ quota to continue until the subquota is hms/. General, HMS Charter/Headboat, Atlantic Highly Migratory Species; reached or March 31, whichever comes Harpoon, and Angling category vessel Atlantic Bluefin Tuna Fisheries; first. Based on the General category base owners are required to report the catch General Category Fishery quota of 466.7 mt, the subquotas for of all BFT retained or discarded dead, AGENCY: National Marine Fisheries each time period are as follows: 24.7 mt within 24 hours of the landing(s) or end Service (NMFS), National Oceanic and for January; 233.3 mt for June through of each trip, by accessing Atmospheric Administration (NOAA), August; 123.7 mt for September; 60.7 mt hmspermits.noaa.gov or by using the Commerce. for October through November; and 24.3 Android or iPhone app. mt for December. Any unused General ACTION: Temporary rule; closure. category quota rolls forward within the Classification SUMMARY: NMFS closes the coastwide fishing year, which coincides with the The Assistant Administrator for General category fishery for large calendar year, from one time period to NMFS (AA) finds that it is impracticable medium and giant Atlantic bluefin tuna the next, and is available for use in and contrary to the public interest to (BFT) until the General category reopens subsequent time periods. Effective provide prior notice of, and an on June 1, 2017. This action is being January 1, 2017, NMFS transferred 16.3 opportunity for public comment on, this taken to prevent any further overharvest mt of the 24.3-mt General category quota action for the following reasons: allocated for the December 2017 period The regulations implementing the of the available adjusted General to the January 2017 period, resulting in 2006 Consolidated HMS FMP and category January 2017 BFT subquota. an adjusted subquota of 41 mt for the amendments provide for inseason mstockstill on DSK3G9T082PROD with RULES DATES: Effective 11:30 p.m., local time, retention limit adjustments and fishery January period and a subquota of 8 mt March 29, 2017, through May 31, 2017. for the December 2017 period (81 FR closures to respond to the unpredictable FOR FURTHER INFORMATION CONTACT: 91873, December 19, 2016). Effective nature of BFT availability on the fishing Sarah McLaughlin or Brad McHale, March 2, 2017, NMFS transferred 40 mt grounds, the migratory nature of this 978–281–9260. from the Reserve category to the General species, and the regional variations in SUPPLEMENTARY INFORMATION: category January 2017 subquota period, the BFT fishery. These fisheries are Regulations implemented under the resulting in an adjusted subquota of 81 currently underway and the quota for VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1

Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations 16137 the subcategory has already been under 5 U.S.C. 553(b)(B) to waive prior Authority: 16 U.S.C. 971 et seq. and 1801 exceeded. Delaying this action would be notice and the opportunity for public et seq. contrary to the public interest because comment. For all of the above reasons, Dated: March 28, 2017. the subquota has already been exceeded there also is good cause under 5 U.S.C. Karen H. Abrams, and any delay could lead to further 553(d) to waive the 30-day delay in exceedance, which may result in the Acting Deputy Director, Office of Sustainable effectiveness. Fisheries, National Marine Fisheries Service. need to reduce quota for the General category later in the year and thus could This action is being taken under [FR Doc. 2017–06405 Filed 3–28–17; 4:15 pm] affect later fishing opportunities. § 635.28(a)(1), and is exempt from BILLING CODE 3510–22–P Therefore, the AA finds good cause review under Executive Order 12866. mstockstill on DSK3G9T082PROD with RULES VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 PO 00000 Frm 00037 Fmt 4700 Sfmt 9990 E:\FR\FM\03APR1.SGM 03APR1


Document Created: 2017-04-01 09:35:53
Document Modified: 2017-04-01 09:35:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesEffective 11:30 p.m., local time, March 29, 2017, through May 31, 2017.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation82 FR 16136 
RIN Number0648-XF28
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