82_FR_19696 82 FR 19615 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

82 FR 19615 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 81 (April 28, 2017)

Page Range19615-19618
FR Document2017-08777

NMFS has determined that the Atlantic bluefin tuna (BFT) daily retention limit that applies to vessels permitted in the Highly Migratory Species (HMS) Angling category and the HMS Charter/Headboat category (when fishing recreationally for BFT) should be adjusted for the remainder of 2017, based on consideration of the regulatory determination criteria regarding inseason adjustments. NMFS is adjusting the Angling category BFT daily retention limit to two school BFT and one large school/small medium BFT per vessel per day/trip for private vessels (i.e., those with HMS Angling category permits); and three school BFT and one large school/small medium BFT per vessel per day/trip for charter vessels (i.e., those with HMS Charter/Headboat permits when fishing recreationally). These retention limits are effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT.

Federal Register, Volume 82 Issue 81 (Friday, April 28, 2017)
[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Rules and Regulations]
[Pages 19615-19618]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08777]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XF346


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; inseason Angling category retention limit 
adjustment.

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

SUMMARY: NMFS has determined that the Atlantic bluefin tuna (BFT) daily 
retention limit that applies to vessels permitted in the Highly 
Migratory Species (HMS) Angling category and the HMS Charter/Headboat 
category (when fishing recreationally for BFT) should be adjusted for 
the remainder of 2017, based on consideration of the regulatory 
determination criteria regarding inseason adjustments. NMFS is 
adjusting the Angling category BFT daily retention limit to two school 
BFT and one large school/small medium BFT per vessel per day/trip for 
private vessels (i.e., those with HMS Angling category permits); and 
three school BFT and one large school/small medium BFT per vessel per 
day/trip for charter vessels (i.e., those with HMS Charter/Headboat 
permits when fishing recreationally). These retention limits are 
effective in all areas, except for the Gulf of Mexico, where NMFS 
prohibits targeted fishing for BFT.

DATES: Effective May 1, 2017 through December 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) and amendments, and in accordance with 
implementing regulations. NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable 
opportunity to harvest the ICCAT-recommended quota.
    As a method for limiting fishing mortality on juvenile BFT, ICCAT 
recommends a tolerance limit on the annual harvest of BFT measuring 
less than 115 cm (straight fork length) to no more than 10 percent by 
weight of a Contracting Party's total BFT quota. Any overharvest of 
such tolerance limit from one year must be subtracted from the 
tolerance limit applicable in the next year or the year after that. The 
United States implements this provision by limiting the harvest of 
school BFT (measuring 27 to less than 47 inches) as appropriate to not 
exceed the 10-percent limit.
    The currently codified baseline U.S. quota is 1,058.9 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). See Sec.  635.27(a). The currently codified 
Angling category quota is 195.2 mt (108.4 mt for school BFT, 82.3 mt 
for large school/small medium BFT, and 4.5 mt for large medium/giant 
BFT).
    The 2017 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual calendar-year

[[Page 19616]]

quota, began January 1, 2017. The Angling category season opened 
January 1, 2017, and continues through December 31, 2017. The size 
classes of BFT are summarized in Table 1. Please note that large school 
and small medium BFT traditionally have been managed as one size class, 
as described below, i.e., a limit of one large school/small medium BFT 
(measuring 47 to less than 73 inches). Currently, the default Angling 
category daily retention limit of one school, large school, or small 
medium BFT applies (Sec.  635.23(b)(2)). This retention limit applies 
to HMS Angling and to HMS Charter/Headboat category permitted vessels 
(when fishing recreationally for BFT).

                        Table 1--BFT Size Classes
------------------------------------------------------------------------
            Size class                       Curved fork length
------------------------------------------------------------------------
School............................  27 to less than 47 inches (68.5 to
                                     less than 119 cm).
Large school......................  47 to less than 59 inches (119 to
                                     less than 150 cm).
Small medium......................  59 to less than 73 inches (150 to
                                     less than 185 cm).
Large medium......................  73 to less than 81 inches (185 to
                                     less than 206 cm).
Giant.............................  81 inches or greater (206 cm or
                                     greater).
------------------------------------------------------------------------

    Table 2 summarizes the recreational quota, subquotas, landings, and 
retention limit information for 2015 and 2016, by size class.

                          Table 2--Angling Category Quotas (mt), Estimated Landings (mt), and Daily Retention Limits, 2015-2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               2015                                            2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Amount of                                       Amount of
                                                           Subquotas and                   subquotas and   Subquotas and                   subquotas and
                       Size class                           total quota    Landings (mt)    total quota     total quota    Landings (mt)    total quota
                                                               (mt)                       used (percent)       (mt)                       used (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
School..................................................           108.4            26.2              24           108.4            40.3              37
Large School/Small Medium...............................            82.3            80.2              97            82.3            96.8             118
Trophy: Large Medium/Giant..............................             4.5             6.7             149             4.5             5.9             131
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           195.2           113.1              58           195.2             143              73
                                                         -----------------------------------------------------------------------------------------------
Daily Retention Limits (per Vessel)                       January 1 through May 14: 1 school, large
                                                          school, or small medium (default)
                                                          January 1 through April 22: 1 school, large
                                                          school, or small medium (default)
                                                         -----------------------------------------------------------------------------------------------
                                                          May 15 through December 31 (80 FR 27863, May
                                                          15, 2015):
                                                          April 23 through December 31 (81 FR 23438,
                                                          April 21, 2016):
                                                         -----------------------------------------------------------------------------------------------
                                                          Private boats: 1 school and 1 large school/
                                                          small medium
                                                          Private boats: 2 school and 1 large school/
                                                          small medium
                                                         -----------------------------------------------------------------------------------------------
                                                          Charter/Headboats: 2 school and 1 large school/
                                                          small medium
                                                          Charter/Headboats: 3 school and 1 large school/
                                                          small medium
--------------------------------------------------------------------------------------------------------------------------------------------------------

Adjustment of Angling Category Daily Retention Limit

    Under Sec.  635.23(b)(3), NMFS may increase or decrease the Angling 
category retention limit for any size class of BFT after considering 
regulatory determination criteria provided under Sec.  635.27(a)(8). 
Recreational retention limits may be adjusted separately for specific 
vessel type, such as private vessels, headboats, or charter vessels.
    NMFS has considered all of the relevant determination criteria and 
their applicability to the change in the Angling category retention 
limit. The criteria and their application are discussed below.
    NMFS considered 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)(8)(i)). Biological samples 
collected from BFT landed by recreational fishermen 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 would support the collection of a broad range 
of data for these studies and for stock monitoring purposes.
    NMFS considered the catches of the Angling category quota to date 
and the likelihood of closure of that segment of the fishery if no 
adjustment is made (Sec.  635.27(a)(8)(ii)). NMFS anticipates that the 
full 2017 Angling category quota would not be harvested under the 
default retention limit. As shown in Table 2, Angling category landings 
were approximately 58 and 73 percent of the 184.3-mt annual Angling 
category quota in 2015 and 2016, respectively.
    NMFS also considered the effects of the adjustment on bluefin tuna 
rebuilding and overfishing and the effects of the adjustment on 
accomplishing the objectives of the FMP (Sec.  635.27(a)(8)(v) and 
(vi)). These retention limits would be consistent with the quotas 
established and analyzed in the bluefin tuna quota final rule (80 FR 
52198, August 28, 2015), and with objectives of the 2006 Consolidated 
HMS FMP and amendments, and is not expected to negatively impact stock 
health or to affect the stock in ways not already analyzed in those 
documents. It is also important that we limit landings to the subquotas 
both to adhere to the FMP quota allocations and to ensure that

[[Page 19617]]

landings are as consistent as possible with the pattern of fishing 
mortality (e.g., fish caught at each age) that was assumed in the 
projections of stock rebuilding.
    Another principal consideration in setting the retention limit is 
the objective of providing opportunities to harvest the full Angling 
category quota without exceeding it based on the goals of the 2006 
Consolidated HMS FMP and amendments, including to achieve optimum yield 
on a continuing basis and to optimize the ability of all permit 
categories to harvest their full BFT quota allocations (related to 
Sec.  635.27(a)(8)(x)).
    The 2016 school bluefin tuna landings represent 3.7 percent of the 
total U.S. quota for 2016, well under the ICCAT recommended 10-percent 
limit. Landings of school bluefin tuna in 2015 represented 2.4 percent 
of the total U.S. quota for 2015. Given that the Angling category 
landings fell short of the available quota and considering the 
regulatory criteria above, NMFS has determined that the Angling 
category retention limit applicable to participants on HMS Angling and 
HMS Charter/Headboat category permitted vessels should be adjusted 
upwards from the default level. NMFS has also concluded that 
implementation of separate limits for private and charter/headboat 
vessels remains appropriate, recognizing the different nature, socio-
economic needs, and recent landings results of the two components of 
the recreational BFT fishery. For example, charter operators 
historically have indicated that a multi-fish retention limit is vital 
to their ability to attract customers. In addition, Large Pelagics 
Survey estimates indicate that charter/headboat BFT landings averaged 
approximately 30 percent of recent recreational landings for 2015 
through 2016, with the remaining 70 percent landed by private vessels.
    Therefore, for private vessels (i.e., those with HMS Angling 
category permits), this action adjusts the limit upwards to two school 
BFT and one large school/small medium BFT per vessel per day/trip 
(i.e., two BFT measuring 27 to less than 47 inches, and one BFT 
measuring 47 to less than 73 inches). For charter vessels (i.e., those 
with HMS Charter/Headboat permits), this action adjusts the limit 
upwards to three school BFT and one large school/small medium BFT per 
vessel per day/trip when fishing recreationally for BFT (i.e., three 
BFT measuring 27 to less than 47 inches, and one BFT measuring 47 to 
less than 73 inches). These retention limits are effective in all 
areas, except for the Gulf of Mexico, where NMFS prohibits targeted 
fishing for BFT. Regardless of the duration of a fishing trip, the 
daily retention limit applies upon landing. For example, whether a 
private vessel (fishing under the Angling category retention limit) 
takes a two-day trip or makes two trips in one day, the day/trip limit 
of two school BFT and one large school/small medium BFT applies and may 
not be exceeded upon landing.
    NMFS anticipates that the BFT daily retention limits in this action 
will result in landings during 2017 that would not exceed the available 
subquotas. Lower retention limits could result in substantial 
underharvest of the codified Angling category subquota, and increasing 
the daily limits further may risk exceeding the available quota, 
contrary to the objectives of the 2006 Consolidated HMS FMP and 
amendments. NMFS is not setting higher school BFT limit for private and 
charter vessels due to the potential risk of exceeding the ICCAT 
tolerance limit on school BFT and other considerations, such as 
potential effort shifts to BFT fishing as a result of current, reduced 
recreational retention limits for New England groundfish and striped 
bass. NMFS will monitor 2017 landings closely and will make further 
adjustments, including closure if necessary, with an inseason action if 
warranted.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fisheries closely through the 
mandatory landings and catch reports. HMS Charter/Headboat 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. Depending on the level of fishing effort and catch rates of 
BFT, NMFS may determine that additional retention limit adjustments or 
closures are necessary to ensure available quota is not exceeded or to 
enhance scientific data collection from, and fishing opportunities in, 
all geographic areas. Subsequent actions, if any, will be published in 
the Federal Register. In addition, fishermen may call the Atlantic 
Tunas Information Line at (978) 281-9260, or access 
hmspermits.noaa.gov, for updates on quota monitoring and inseason 
adjustments.
    HMS Angling and HMS Charter/Headboat category permit holders 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. Anglers are also reminded that all BFT that are released 
must be handled in a manner that will maximize 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/.

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 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. Affording prior notice and opportunity for public 
comment to implement the daily retention limit for the remainder of 
2017 at this time is impracticable. Based on available BFT quotas, 
fishery performance in recent years, and the availability of BFT on the 
fishing grounds, immediate adjustment to the Angling category BFT daily 
retention limit from the default levels is warranted to allow fishermen 
to take advantage of the availability of fish and of quota. NMFS could 
not have proposed these actions earlier, as it needed to consider and 
respond to updated data and information from the 2016 Angling category 
fishery. If NMFS was to offer a public comment period now, after having 
appropriately considered that data, it would preclude fishermen from 
harvesting BFT that are legally available consistent with all of the 
regulatory criteria, and/or could result in selection of a retention 
limit inappropriately high or low for the amount of quota available for 
the period.
    Fisheries under the Angling category daily retention limit are 
currently underway and thus prior notice would be contrary to the 
public interest. Delays in increasing daily recreational BFT retention 
limit would adversely affect those HMS Angling and Charter/Headboat 
category vessels that would otherwise have an opportunity to harvest 
more than the default retention limit of one school, large school, or 
small medium BFT per day/trip and may exacerbate the problem of low 
catch rates and quota rollovers. Analysis of available data shows that 
adjustment to the BFT daily retention limit from the default level 
would result in minimal

[[Page 19618]]

risks of exceeding the ICCAT-allocated quota. NMFS provides 
notification of retention limit adjustments by publishing the notice in 
the Federal Register, emailing individuals who have subscribed to the 
Atlantic HMS News electronic newsletter, and updating the information 
posted on the Atlantic Tunas Information Line and on 
hmspermits.noaa.gov. 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 these 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.  635.23(b)(3), and is exempt 
from review under Executive Order 12866.

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

    Dated: April 26, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-08777 Filed 4-27-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                                     Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Rules and Regulations                                        19615

                                                  (b) The effective date of the plan                    FCC 14–175, published at 79 FR 73227,                 vessels (i.e., those with HMS Charter/
                                                submitted on January 10, 2013 is May                    December 10, 2014, and corrected at 80                Headboat permits when fishing
                                                30, 2017.                                               FR 1007, January 8, 2015.’’ to the end                recreationally). These retention limits
                                                [FR Doc. 2017–08668 Filed 4–27–17; 8:45 am]             of the sentence;                                      are effective in all areas, except for the
                                                BILLING CODE 6560–50–P                                    ii. In the third sentence, add ‘‘, and              Gulf of Mexico, where NMFS prohibits
                                                                                                        paragraph 66 of document WC Docket                    targeted fishing for BFT.
                                                                                                        No. 13–39, FCC 14–175.’’ to the end of                DATES: Effective May 1, 2017 through
                                                FEDERAL COMMUNICATIONS                                  the sentence; and                                     December 31, 2017.
                                                COMMISSION                                                iii. In the third column, under the                 FOR FURTHER INFORMATION CONTACT:
                                                                                                        heading ‘‘Needs and Uses,’’ add the                   Sarah McLaughlin or Brad McHale,
                                                47 CFR Part 64                                          following two sentences between the                   978–281–9260.
                                                                                                        twelfth and thirteenth sentences: ‘‘On                SUPPLEMENTARY INFORMATION:
                                                [WC Docket No. 13–39; FCC 13–135; FCC
                                                14–175]
                                                                                                        November 13, 2014, the Commission                     Regulations implemented under the
                                                                                                        adopted a Reconsideration Order in WC                 authority of the Atlantic Tunas
                                                Rural Call Completion Recordkeeping                     Docket No. 13–39, FCC 14–175, 79 FR                   Convention Act (ATCA; 16 U.S.C. 971 et
                                                and Reporting Requirements;                             73227, corrected at 80 FR 1007, Rural                 seq.) and the Magnuson-Stevens Fishery
                                                Correction                                              Call Completion. The Reconsideration                  Conservation and Management Act
                                                                                                        Order reduced the burden on covered                   (Magnuson-Stevens Act; 16 U.S.C. 1801
                                                AGENCY:  Federal Communications                         providers by excluding certain traffic
                                                Commission.                                                                                                   et seq.) governing the harvest of BFT by
                                                                                                        from the reporting and retention                      persons and vessels subject to U.S.
                                                ACTION: Final rule; correction.                         requirements adopted in the Order.’’                  jurisdiction are found at 50 CFR part
                                                SUMMARY:    The Federal Communications                  Federal Communications Commission.                    635. Section 635.27 subdivides the U.S.
                                                Commission (Commission) published a                     Marlene H. Dortch,                                    BFT quota recommended by the
                                                document in the Federal Register on                     Secretary.                                            International Commission for the
                                                March 4, 2015, concerning its rural call                [FR Doc. 2017–08581 Filed 4–27–17; 8:45 am]           Conservation of Atlantic Tunas (ICCAT)
                                                completion recordkeeping and reporting                  BILLING CODE 6712–01–P
                                                                                                                                                              among the various domestic fishing
                                                requirements. That document                                                                                   categories, per the allocations
                                                inadvertently omitted reference to the                                                                        established in the 2006 Consolidated
                                                Order on Reconsideration                                                                                      Highly Migratory Species Fishery
                                                (Reconsideration Order) WC Docket No.                   DEPARTMENT OF COMMERCE
                                                                                                                                                              Management Plan (2006 Consolidated
                                                13–39, FCC 14–175, which adopted                        National Oceanic and Atmospheric                      HMS FMP) (71 FR 58058, October 2,
                                                minor amendments to those                               Administration                                        2006) and amendments, and in
                                                requirements. This document corrects                                                                          accordance with implementing
                                                that error.                                             50 CFR Part 635                                       regulations. NMFS is required under
                                                DATES: This correction is effective April                                                                     ATCA and the Magnuson-Stevens Act to
                                                28, 2017.                                               [Docket No. 150121066–5717–02]                        provide U.S. fishing vessels with a
                                                FOR FURTHER INFORMATION CONTACT:                                                                              reasonable opportunity to harvest the
                                                                                                        RIN 0648–XF346
                                                Nirali Patel, Wireline Competition                                                                            ICCAT-recommended quota.
                                                Bureau, Competition Policy Division,                    Atlantic Highly Migratory Species;                       As a method for limiting fishing
                                                (202) 418–7830, or send an email to                     Atlantic Bluefin Tuna Fisheries                       mortality on juvenile BFT, ICCAT
                                                nirali.patel@fcc.gov.                                                                                         recommends a tolerance limit on the
                                                SUPPLEMENTARY INFORMATION: This                         AGENCY:  National Marine Fisheries                    annual harvest of BFT measuring less
                                                document makes the following                            Service (NMFS), National Oceanic and                  than 115 cm (straight fork length) to no
                                                corrections to the Commission’s final                   Atmospheric Administration (NOAA),                    more than 10 percent by weight of a
                                                rule, FR Doc. No. 2015–04415,                           Commerce.                                             Contracting Party’s total BFT quota. Any
                                                published on March 4, 2015, at 80 FR                    ACTION: Temporary rule; inseason                      overharvest of such tolerance limit from
                                                11594:                                                  Angling category retention limit                      one year must be subtracted from the
                                                  1. On page 115494, in the heading of                  adjustment.                                           tolerance limit applicable in the next
                                                the rule, add ‘‘; FCC 14–175’’ after ‘‘FCC                                                                    year or the year after that. The United
                                                13–135’’.                                               SUMMARY:    NMFS has determined that                  States implements this provision by
                                                  2. On page 11594, in the SUMMARY                      the Atlantic bluefin tuna (BFT) daily                 limiting the harvest of school BFT
                                                section, in the first sentence, add ‘‘and               retention limit that applies to vessels               (measuring 27 to less than 47 inches) as
                                                the Commission’s Order on                               permitted in the Highly Migratory                     appropriate to not exceed the 10-percent
                                                Reconsideration (Reconsideration                        Species (HMS) Angling category and the                limit.
                                                Order) WC Docket No. 13–39, FCC 14–                     HMS Charter/Headboat category (when                      The currently codified baseline U.S.
                                                175.’’ to the end of the sentence.                      fishing recreationally for BFT) should be             quota is 1,058.9 mt (not including the 25
                                                  3. On page 11594, In the DATES                        adjusted for the remainder of 2017,                   mt ICCAT allocated to the United States
                                                section, add ‘‘and the amendments to 47                 based on consideration of the regulatory              to account for bycatch of BFT in pelagic
                                                CFR 64.2101, 64.2103, and 64.2105,                      determination criteria regarding                      longline fisheries in the Northeast
                                                published at 79 FR 73227, December 10,                  inseason adjustments. NMFS is                         Distant Gear Restricted Area). See
                                                2014, and corrected at 80 FR 1007,                      adjusting the Angling category BFT                    § 635.27(a). The currently codified
jstallworth on DSK7TPTVN1PROD with RULES




                                                January 8, 2015,’’ after ‘‘December 17,                 daily retention limit to two school BFT               Angling category quota is 195.2 mt
                                                2013’’ and before ‘‘are effective on                    and one large school/small medium BFT                 (108.4 mt for school BFT, 82.3 mt for
                                                March 4, 2015.’’                                        per vessel per day/trip for private                   large school/small medium BFT, and 4.5
                                                  4. On page 11594, in the                              vessels (i.e., those with HMS Angling                 mt for large medium/giant BFT).
                                                SUPPLEMENTARY INFORMATION section:                      category permits); and three school BFT                  The 2017 BFT fishing year, which is
                                                  i. In the first sentence, add ‘‘and the               and one large school/small medium BFT                 managed on a calendar-year basis and
                                                Commission’s Reconsideration Order,                     per vessel per day/trip for charter                   subject to an annual calendar-year


                                           VerDate Sep<11>2014   14:52 Apr 27, 2017   Jkt 241001   PO 00000   Frm 00003   Fmt 4700   Sfmt 4700   E:\FR\FM\28APR1.SGM   28APR1


                                                19616                        Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Rules and Regulations

                                                quota, began January 1, 2017. The                                       managed as one size class, as described                 (§ 635.23(b)(2)). This retention limit
                                                Angling category season opened January                                  below, i.e., a limit of one large school/               applies to HMS Angling and to HMS
                                                1, 2017, and continues through                                          small medium BFT (measuring 47 to                       Charter/Headboat category permitted
                                                December 31, 2017. The size classes of                                  less than 73 inches). Currently, the                    vessels (when fishing recreationally for
                                                BFT are summarized in Table 1. Please                                   default Angling category daily retention                BFT).
                                                note that large school and small                                        limit of one school, large school, or
                                                medium BFT traditionally have been                                      small medium BFT applies

                                                                                                                               TABLE 1—BFT SIZE CLASSES
                                                                   Size class                                                                                    Curved fork length

                                                School .............................................     27      to less than 47 inches (68.5 to less than 119 cm).
                                                Large school ...................................         47      to less than 59 inches (119 to less than 150 cm).
                                                Small medium .................................           59      to less than 73 inches (150 to less than 185 cm).
                                                Large medium .................................           73      to less than 81 inches (185 to less than 206 cm).
                                                Giant ................................................   81      inches or greater (206 cm or greater).



                                                  Table 2 summarizes the recreational                                   retention limit information for 2015 and
                                                quota, subquotas, landings, and                                         2016, by size class.

                                                    TABLE 2—ANGLING CATEGORY QUOTAS (mt), ESTIMATED LANDINGS (mt), AND DAILY RETENTION LIMITS, 2015–2016
                                                                                                                                           2015                                                    2016

                                                                                                                                                            Amount of                                              Amount of
                                                                                                                     Subquotas                            subquotas and         Subquotas                        subquotas and
                                                                                                                                          Landings                                                Landings
                                                                       Size class                                  and total quota                          total quota       and total quota                      total quota
                                                                                                                                            (mt)                                                    (mt)
                                                                                                                        (mt)                                   used                (mt)                               used
                                                                                                                                                             (percent)                                              (percent)

                                                School ......................................................                 108.4               26.2                  24              108.4             40.3               37
                                                Large School/Small Medium ....................                                 82.3               80.2                  97               82.3             96.8              118
                                                Trophy: Large Medium/Giant ...................                                  4.5                6.7                 149                4.5              5.9              131

                                                      Total ..................................................                195.2             113.1                    58             195.2             143                73

                                                Daily Retention Limits (per Vessel)                                January 1 through May 14: 1 school, large                  January 1 through April 22: 1 school, large
                                                                                                                   school, or small medium (default)                          school, or small medium (default)

                                                                                                                   May 15 through December 31 (80 FR 27863,                   April 23 through December 31 (81 FR 23438,
                                                                                                                   May 15, 2015):                                             April 21, 2016):

                                                                                                                   Private boats: 1 school and 1 large school/small           Private boats: 2 school and 1 large school/small
                                                                                                                   medium                                                     medium

                                                                                                                   Charter/Headboats: 2 school and 1 large school/            Charter/Headboats: 3 school and 1 large school/
                                                                                                                   small medium                                               small medium



                                                Adjustment of Angling Category Daily                                    the stock (§ 635.27(a)(8)(i)). Biological               184.3-mt annual Angling category quota
                                                Retention Limit                                                         samples collected from BFT landed by                    in 2015 and 2016, respectively.
                                                  Under § 635.23(b)(3), NMFS may                                        recreational fishermen continue to                         NMFS also considered the effects of
                                                increase or decrease the Angling                                        provide NMFS with valuable parts and                    the adjustment on bluefin tuna
                                                category retention limit for any size                                   data for ongoing scientific studies of                  rebuilding and overfishing and the
                                                class of BFT after considering regulatory                               BFT age and growth, migration, and                      effects of the adjustment on
                                                determination criteria provided under                                   reproductive status. Additional                         accomplishing the objectives of the FMP
                                                § 635.27(a)(8). Recreational retention                                  opportunity to land BFT would support                   (§ 635.27(a)(8)(v) and (vi)). These
                                                limits may be adjusted separately for                                   the collection of a broad range of data                 retention limits would be consistent
                                                specific vessel type, such as private                                   for these studies and for stock                         with the quotas established and
                                                vessels, headboats, or charter vessels.                                 monitoring purposes.                                    analyzed in the bluefin tuna quota final
                                                  NMFS has considered all of the                                           NMFS considered the catches of the                   rule (80 FR 52198, August 28, 2015),
                                                relevant determination criteria and their                               Angling category quota to date and the                  and with objectives of the 2006
                                                applicability to the change in the                                      likelihood of closure of that segment of                Consolidated HMS FMP and
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                                                Angling category retention limit. The                                   the fishery if no adjustment is made                    amendments, and is not expected to
                                                criteria and their application are                                      (§ 635.27(a)(8)(ii)). NMFS anticipates                  negatively impact stock health or to
                                                discussed below.                                                        that the full 2017 Angling category                     affect the stock in ways not already
                                                  NMFS considered the usefulness of                                     quota would not be harvested under the                  analyzed in those documents. It is also
                                                information obtained from catches in                                    default retention limit. As shown in                    important that we limit landings to the
                                                the particular category for biological                                  Table 2, Angling category landings were                 subquotas both to adhere to the FMP
                                                sampling and monitoring of the status of                                approximately 58 and 73 percent of the                  quota allocations and to ensure that


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                                                                     Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Rules and Regulations                                        19617

                                                landings are as consistent as possible                  BFT. Regardless of the duration of a                  all BFT that are released must be
                                                with the pattern of fishing mortality                   fishing trip, the daily retention limit               handled in a manner that will maximize
                                                (e.g., fish caught at each age) that was                applies upon landing. For example,                    survival, and without removing the fish
                                                assumed in the projections of stock                     whether a private vessel (fishing under               from the water, consistent with
                                                rebuilding.                                             the Angling category retention limit)                 requirements at § 635.21(a)(1). For
                                                   Another principal consideration in                   takes a two-day trip or makes two trips               additional information on safe handling,
                                                setting the retention limit is the                      in one day, the day/trip limit of two                 see the ‘‘Careful Catch and Release’’
                                                objective of providing opportunities to                 school BFT and one large school/small                 brochure available at
                                                harvest the full Angling category quota                 medium BFT applies and may not be                     www.nmfs.noaa.gov/sfa/hms/.
                                                without exceeding it based on the goals                 exceeded upon landing.
                                                of the 2006 Consolidated HMS FMP and                       NMFS anticipates that the BFT daily                Classification
                                                amendments, including to achieve                        retention limits in this action will result              The Assistant Administrator for
                                                optimum yield on a continuing basis                     in landings during 2017 that would not                NMFS (AA) finds that it is impracticable
                                                and to optimize the ability of all permit               exceed the available subquotas. Lower                 and contrary to the public interest to
                                                categories to harvest their full BFT                    retention limits could result in                      provide prior notice of, and an
                                                quota allocations (related to                           substantial underharvest of the codified              opportunity for public comment on, this
                                                § 635.27(a)(8)(x)).                                     Angling category subquota, and                        action for the following reasons:
                                                   The 2016 school bluefin tuna landings                increasing the daily limits further may                  The regulations implementing the
                                                represent 3.7 percent of the total U.S.                 risk exceeding the available quota,                   2006 Consolidated HMS FMP and
                                                quota for 2016, well under the ICCAT                    contrary to the objectives of the 2006                amendments provide for inseason
                                                recommended 10-percent limit.                           Consolidated HMS FMP and                              retention limit adjustments to respond
                                                Landings of school bluefin tuna in 2015                 amendments. NMFS is not setting                       to the unpredictable nature of BFT
                                                represented 2.4 percent of the total U.S.               higher school BFT limit for private and               availability on the fishing grounds, the
                                                quota for 2015. Given that the Angling                  charter vessels due to the potential risk             migratory nature of this species, and the
                                                category landings fell short of the                     of exceeding the ICCAT tolerance limit                regional variations in the BFT fishery.
                                                available quota and considering the                     on school BFT and other considerations,               Affording prior notice and opportunity
                                                regulatory criteria above, NMFS has                     such as potential effort shifts to BFT                for public comment to implement the
                                                determined that the Angling category                    fishing as a result of current, reduced               daily retention limit for the remainder
                                                retention limit applicable to participants              recreational retention limits for New                 of 2017 at this time is impracticable.
                                                on HMS Angling and HMS Charter/                         England groundfish and striped bass.                  Based on available BFT quotas, fishery
                                                Headboat category permitted vessels                     NMFS will monitor 2017 landings                       performance in recent years, and the
                                                should be adjusted upwards from the                     closely and will make further                         availability of BFT on the fishing
                                                default level. NMFS has also concluded                  adjustments, including closure if                     grounds, immediate adjustment to the
                                                that implementation of separate limits                  necessary, with an inseason action if                 Angling category BFT daily retention
                                                for private and charter/headboat vessels                warranted.                                            limit from the default levels is
                                                remains appropriate, recognizing the                                                                          warranted to allow fishermen to take
                                                different nature, socio-economic needs,                 Monitoring and Reporting                              advantage of the availability of fish and
                                                and recent landings results of the two                     NMFS will continue to monitor the                  of quota. NMFS could not have
                                                components of the recreational BFT                      BFT fisheries closely through the                     proposed these actions earlier, as it
                                                fishery. For example, charter operators                 mandatory landings and catch reports.                 needed to consider and respond to
                                                historically have indicated that a multi-               HMS Charter/Headboat and Angling                      updated data and information from the
                                                fish retention limit is vital to their                  category vessel owners are required to                2016 Angling category fishery. If NMFS
                                                ability to attract customers. In addition,              report the catch of all BFT retained or               was to offer a public comment period
                                                Large Pelagics Survey estimates indicate                discarded dead, within 24 hours of the                now, after having appropriately
                                                that charter/headboat BFT landings                      landing(s) or end of each trip, by                    considered that data, it would preclude
                                                averaged approximately 30 percent of                    accessing hmspermits.noaa.gov or by                   fishermen from harvesting BFT that are
                                                recent recreational landings for 2015                   using the Android or iPhone app.                      legally available consistent with all of
                                                through 2016, with the remaining 70                     Depending on the level of fishing effort              the regulatory criteria, and/or could
                                                percent landed by private vessels.                      and catch rates of BFT, NMFS may                      result in selection of a retention limit
                                                   Therefore, for private vessels (i.e.,                determine that additional retention limit             inappropriately high or low for the
                                                those with HMS Angling category                         adjustments or closures are necessary to              amount of quota available for the
                                                permits), this action adjusts the limit                 ensure available quota is not exceeded                period.
                                                upwards to two school BFT and one                       or to enhance scientific data collection                 Fisheries under the Angling category
                                                large school/small medium BFT per                       from, and fishing opportunities in, all               daily retention limit are currently
                                                vessel per day/trip (i.e., two BFT                      geographic areas. Subsequent actions, if              underway and thus prior notice would
                                                measuring 27 to less than 47 inches, and                any, will be published in the Federal                 be contrary to the public interest. Delays
                                                one BFT measuring 47 to less than 73                    Register. In addition, fishermen may                  in increasing daily recreational BFT
                                                inches). For charter vessels (i.e., those               call the Atlantic Tunas Information Line              retention limit would adversely affect
                                                with HMS Charter/Headboat permits),                     at (978) 281–9260, or access                          those HMS Angling and Charter/
                                                this action adjusts the limit upwards to                hmspermits.noaa.gov, for updates on                   Headboat category vessels that would
                                                three school BFT and one large school/                  quota monitoring and inseason                         otherwise have an opportunity to
                                                small medium BFT per vessel per day/                    adjustments.                                          harvest more than the default retention
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                                                trip when fishing recreationally for BFT                   HMS Angling and HMS Charter/                       limit of one school, large school, or
                                                (i.e., three BFT measuring 27 to less                   Headboat category permit holders may                  small medium BFT per day/trip and
                                                than 47 inches, and one BFT measuring                   catch and release (or tag and release)                may exacerbate the problem of low
                                                47 to less than 73 inches). These                       BFT of all sizes, subject to the                      catch rates and quota rollovers. Analysis
                                                retention limits are effective in all areas,            requirements of the catch-and-release                 of available data shows that adjustment
                                                except for the Gulf of Mexico, where                    and tag-and-release programs at                       to the BFT daily retention limit from the
                                                NMFS prohibits targeted fishing for                     § 635.26. Anglers are also reminded that              default level would result in minimal


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                                                19618                Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Rules and Regulations

                                                risks of exceeding the ICCAT-allocated                  disapproval. This interim final rule                  rule, you can visit: http://
                                                quota. NMFS provides notification of                    approves sector operations plans, grants              www.greateratlantic.fisheries.noaa.gov/
                                                retention limit adjustments by                          regulatory exemptions for sectors, and                sustainable/species/multispecies.
                                                publishing the notice in the Federal                    provides preliminary allocations of                   SUPPLEMENTARY INFORMATION:
                                                Register, emailing individuals who have                 annual catch entitlements to sectors for
                                                subscribed to the Atlantic HMS News                     the start of the 2017 fishing year.                   Background
                                                electronic newsletter, and updating the                 Changes to exemptions and updates to                     Amendment 13 to the Northeast (NE)
                                                information posted on the Atlantic                      sector annual catch entitlements may be               Multispecies Fishery Management Plan
                                                Tunas Information Line and on                           considered in subsequent rulemakings.                 (FMP) (69 FR 22906; April 27, 2004)
                                                hmspermits.noaa.gov. Therefore, the AA                  DATES: Sector operations plans and                    established a process for forming sectors
                                                finds good cause under 5 U.S.C.                         regulatory exemptions are effective May               within the NE multispecies (groundfish)
                                                553(b)(B) to waive prior notice and the                 1, 2017, through April 30, 2019.                      fishery, and Amendment 16 to the FMP
                                                opportunity for public comment. For                     Northeast multispecies annual catch                   (74 FR 18262; April 9, 2010), followed
                                                these reasons, there also is good cause                 entitlements for sectors are effective                by Framework Adjustment 45 to the
                                                under 5 U.S.C. 553(d) to waive the 30-                  May 1, 2017, through April 30, 2018.                  FMP (76 FR 23042; April 25, 2011) and
                                                day delay in effectiveness.                             The default catch limit for Eastern                   Framework 48 to the FMP (78 FR 26118;
                                                   This action is being taken under                     Georges Bank cod is effective May 1,                  May 3, 2013), expanded and revised
                                                § 635.23(b)(3), and is exempt from                      2017, through July 31, 2017, or until the             sector management.
                                                review under Executive Order 12866.                     final rule for Framework 56 is                           The FMP defines a sector as ‘‘[a]
                                                                                                        implemented if prior to July 31, 2017.                group of persons (three or more persons,
                                                   Authority: 16 U.S.C. 971 et seq. and 1801
                                                et seq.                                                 Written comments must be received on                  none of whom have an ownership
                                                                                                                                                              interest in the other two persons in the
                                                  Dated: April 26, 2017.                                or before May 30, 2017.
                                                                                                                                                              sector) holding limited access vessel
                                                Karen H. Abrams,                                        ADDRESSES: You may submit comments
                                                                                                                                                              permits who have voluntarily entered
                                                Acting Deputy Director, Office of Sustainable           on this document, identified by NOAA–                 into a contract and agree to certain
                                                Fisheries, National Marine Fisheries Service.           NMFS–2017–0016, by either of the                      fishing restrictions for a specified period
                                                [FR Doc. 2017–08777 Filed 4–27–17; 8:45 am]             following methods:                                    of time, and which has been granted a
                                                BILLING CODE 3510–22–P
                                                                                                           • Electronic Submission: Submit all                TAC(s) [sic] in order to achieve
                                                                                                        electronic public comments via the                    objectives consistent with applicable
                                                                                                        Federal e-Rulemaking Portal. Go to                    FMP goals and objectives.’’ Sectors are
                                                DEPARTMENT OF COMMERCE                                  www.regulations.gov/#!docketDetail;D=                 self-selecting, meaning each sector can
                                                                                                        NOAA-NMFS-2017-0016, click the                        choose its members.
                                                National Oceanic and Atmospheric                        ‘‘Comment Now!’’ icon, complete the                      The NE multispecies sector
                                                Administration                                          required fields, and enter or attach your             management system allocates a portion
                                                                                                        comments.                                             of the NE multispecies stocks to each
                                                50 CFR Part 648                                            • Mail: Submit written comments to                 sector. These annual sector allocations
                                                                                                        Kyle Molton, 55 Great Republic Drive,                 are known as annual catch entitlements
                                                [Docket No. 170104016–7016–01]
                                                                                                        Gloucester, MA 01930.                                 (ACEs) and are based on the collective
                                                RIN 0648–XF138                                             Instructions: Comments sent by any                 fishing history of a sector’s members.
                                                                                                        other method, to any other address or                 Sectors may receive allocations of large-
                                                Magnuson-Stevens Act Provisions;                        individual, or received after the end of              mesh NE multispecies stocks with the
                                                Fisheries of the Northeastern United                    the comment period, may not be                        exception of Atlantic halibut,
                                                States; Northeast Multispecies                          considered by NMFS. All comments                      windowpane flounder, Atlantic
                                                Fishery; 2017 and 2018 Sector                           received are a part of the public record              wolffish, and ocean pout, which are
                                                Operations Plans and 2017 Allocation                    and will generally be posted for public               non-allocated species. The ACEs are a
                                                of Northeast Multispecies Annual                        viewing on www.regulations.gov                        portion of a stock’s annual catch limit
                                                Catch Entitlements                                      without change. All personal identifying              (ACL) available to commercial NE
                                                AGENCY:  National Marine Fisheries                      information (e.g., name, address, etc.),              multispecies vessels within a sector. A
                                                Service (NMFS), National Oceanic and                    confidential business information, or                 sector determines how to harvest its
                                                Atmospheric Administration (NOAA),                      otherwise sensitive information                       ACEs and may decide to limit
                                                Commerce.                                               submitted voluntarily by the sender will              operations to fewer vessels.
                                                                                                        be publicly accessible. NMFS will                        Because sectors elect to receive an
                                                ACTION: Interim final rule.
                                                                                                        accept anonymous comments (enter ‘‘N/                 allocation under a quota-based system,
                                                SUMMARY:   We have approved sector                      A’’ in the required fields if you wish to             the FMP grants sector vessels several
                                                operations plans for fishing years 2017                 remain anonymous).                                    ‘‘universal’’ exemptions from the FMP’s
                                                and 2018, granting regulatory                              Copies of each sector’s final                      effort controls. These universal
                                                exemptions for fishing years 2017 and                   operations plan and contract are                      exemptions apply to: Trip limits on
                                                2018, and providing Northeast                           available from the NMFS Greater                       allocated stocks; the Georges Bank (GB)
                                                multispecies annual catch entitlements                  Atlantic Regional Fisheries Office: John              Seasonal Closure Area; NE multispecies
                                                to approved sectors for fishing year                    K. Bullard, Regional Administrator,                   days-at-sea (DAS) restrictions; the
                                                2017. Approval of sector operations                     National Marine Fisheries Service, 55                 requirement to use a 6.5-inch (16.5-cm)
                                                plans is necessary to allocate annual                   Great Republic Drive, Gloucester, MA                  mesh codend when fishing with
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                                                catch entitlements to the sectors and for               01930. These documents are also                       selective gear on GB; portions of the
                                                the sectors to operate. The Northeast                   accessible via the Federal eRulemaking                Gulf of Maine (GOM) Cod Protection
                                                Multispecies Fishery Management Plan                    Portal: http://www.regulations.gov.                   Closures; and the at-sea monitoring
                                                allows limited access permit holders to                 FOR FURTHER INFORMATION CONTACT: Kyle                 (ASM) coverage level for sector vessels
                                                form sectors, and requires sectors to                   Molton, Fishery Management Specialist,                fishing exclusively in the Southern New
                                                submit their operations plans and                       (978) 281–9236. To review Federal                     England (SNE) and Inshore GB Broad
                                                contracts to us, NMFS, for approval or                  Register documents referenced in this                 Stock Areas (BSA) with extra-large mesh


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Document Created: 2017-04-28 03:02:07
Document Modified: 2017-04-28 03:02:07
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; inseason Angling category retention limit adjustment.
DatesEffective May 1, 2017 through December 31, 2017.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation82 FR 19615 
RIN Number0648-XF34

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