82_FR_26712 82 FR 26603 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

82 FR 26603 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 109 (June 8, 2017)

Page Range26603-26604
FR Document2017-11910

NMFS closes the Gulf of Mexico Angling category fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches curved fork length or greater)) Atlantic bluefin tuna (BFT). This action is being taken to prevent any further overharvest of the Angling category Gulf of Mexico trophy BFT subquota.

Federal Register, Volume 82 Issue 109 (Thursday, June 8, 2017)
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Rules and Regulations]
[Pages 26603-26604]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11910]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XF472


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Temporary rule; closure of Angling category Gulf of Mexico 
trophy fishery.

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

SUMMARY: NMFS closes the Gulf of Mexico Angling category fishery for 
large medium and giant (``trophy'' (i.e., measuring 73 inches curved 
fork length or greater)) Atlantic bluefin tuna (BFT). This action is 
being taken to prevent any further overharvest of the Angling category 
Gulf of Mexico trophy BFT subquota.

DATES: Effective 11:30 p.m., local time, June 7, 2017, through December 
31, 2017.

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

SUPPLEMENTARY INFORMATION: Regulations implemented under the

[[Page 26604]]

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 Atlantic Highly 
Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) 
(71 FR 58058, October 2, 2006) and amendments.
    NMFS is required, under Sec.  635.28(a)(1), to file a closure 
notice with the Office of the Federal Register for publication 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.

Angling Category Large Medium and Giant Gulf of Mexico ``Trophy'' 
Fishery Closure

    The 2017 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual calendar-year quota, began January 1, 
2017. The Angling category season opened January 1, 2017, and continues 
through December 31, 2017. The currently codified Angling category 
quota is 195.2 mt, of which 4.5 mt is allocated for the harvest of 
large medium and giant (trophy) BFT by vessels fishing under the 
Angling category quota, with 1.5 mt allocated for each of the following 
areas: North of 39[deg]18' N. lat. (off Great Egg Inlet, NJ); south of 
39[deg]18' N. lat. and outside the Gulf of Mexico (the ``southern 
area''); and in the Gulf of Mexico. Trophy BFT measure 73 inches (185 
cm) curved fork length or greater.
    Based on reported landings from the NMFS Automated Catch Reporting 
System, NMFS has determined that the codified Angling category Gulf of 
Mexico trophy BFT subquota has been reached and that a closure of the 
Gulf of Mexico trophy BFT fishery is warranted. Therefore, retaining, 
possessing, or landing large medium or giant BFT in the Gulf of Mexico 
by persons aboard vessels permitted in the HMS Angling category and the 
HMS Charter/Headboat category (when fishing recreationally) must cease 
at 11:30 p.m. local time on June 7, 2017. This closure will remain 
effective through December 31, 2017. This action is intended to prevent 
overharvest of the Angling category Gulf of Mexico trophy BFT subquota, 
and is taken consistent with the regulations at Sec.  635.28(a)(1).
    If needed, subsequent Angling category adjustments will be 
published in the Federal Register. Information regarding the Angling 
category fishery for Atlantic tunas, including daily retention limits 
for BFT measuring 27 inches (68.5 cm) to less than 73 inches and any 
further Angling category adjustments, is available at 
hmspermits.noaa.gov or by calling (978) 281-9260. 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 atwww.nmfs.noaa.gov/sfa/hms/.
    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 HMS Catch Reporting 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. The closure of the Gulf of 
Mexico Angling category trophy fishery is necessary to prevent any 
further overharvest of the Gulf of Mexico trophy fishery subquota. NMFS 
provides notification of closures 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.
    These fisheries are currently underway and delaying this action 
would be contrary to the public interest as it could result in 
excessive trophy BFT landings that may result in future potential quota 
reductions for the Angling category, depending on the magnitude of a 
potential Angling category overharvest. NMFS must close the Gulf of 
Mexico trophy BFT fishery before additional landings of these sizes of 
BFT occur. 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 is good cause under 5 U.S.C. 553(d) to 
waive the 30-day delay in effectiveness.
    This action is being taken under 50 CFR 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: June 5, 2017.
Margo B. Schulze-Haugen,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-11910 Filed 6-5-17; 4:15 pm]
BILLING CODE 3510-22-P



                                                                      Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations                                                26603

                                                  EPA explain the reasons for departing                   various levels of government or between                emergency exemptions. The tolerances
                                                  from the Codex level.                                   the Federal Government and Indian                      expire on the date specified in the table.
                                                     The Codex has not established a MRL                  tribes. Thus, the Agency has determined
                                                  for residues of triclopyr.                              that Executive Order 13132, entitled                                               Parts per   Expiration
                                                                                                                                                                         Commodity            million      date
                                                  VI. Conclusion                                          ‘‘Federalism’’ (64 FR 43255, August 10,
                                                                                                          1999) and Executive Order 13175,                       Sugarcane, cane .........        40     12/31/2020
                                                     Therefore, a time-limited tolerance is               entitled ‘‘Consultation and Coordination
                                                  established for residues of triclopyr, (2-              with Indian Tribal Governments’’ (65 FR                *       *      *      *      *
                                                  [(3,5,6-trichloro-2-pyridinyl)oxy]acetic                67249, November 9, 2000) do not apply                  [FR Doc. 2017–11928 Filed 6–7–17; 8:45 am]
                                                  acid), including its metabolites and                    to this action. In addition, this action               BILLING CODE 6560–50–P
                                                  degradates in or on sugarcane, cane at                  does not impose any enforceable duty or
                                                  40 ppm. This tolerance will expire on                   contain any unfunded mandate as
                                                  December 31, 2020.                                      described under Title II of the Unfunded               ENVIRONMENTAL PROTECTION
                                                                                                          Mandates Reform Act (UMRA) (2 U.S.C.                   AGENCY
                                                  VII. Statutory and Executive Order
                                                  Reviews                                                 1501 et seq.).                                         40 CFR Part 232
                                                                                                             This action does not involve any
                                                     This action establishes tolerances
                                                                                                          technical standards that would require                 404 Program Definitions; Exempt
                                                  under FFDCA sections 408(e) and
                                                                                                          Agency consideration of voluntary                      Activities Not Requiring 404 Permits
                                                  408(l)(6). The Office of Management and
                                                                                                          consensus standards pursuant to section
                                                  Budget (OMB) has exempted these types                                                                          CFR Correction
                                                  of actions from review under Executive                  12(d) of the National Technology
                                                  Order 12866, entitled ‘‘Regulatory                      Transfer and Advancement Act
                                                                                                                                                                 ■ In Title 40 of the Code of Federal
                                                  Planning and Review’’ (58 FR 51735,                     (NTTAA) (15 U.S.C. 272 note).
                                                                                                                                                                 Regulations, Parts 190 to 259, revised as
                                                  October 4, 1993). Because this action                   VIII. Congressional Review Act                         of July 1, 2016, on page 319, in § 232.2,
                                                  has been exempted from review under                       Pursuant to the Congressional Review                 the first definition of Waters of the
                                                  Executive Order 12866, this action is                   Act (5 U.S.C. 801 et seq.), EPA has                    United States is removed.
                                                  not subject to Executive Order 13211,                   submitted a report containing this rule                [FR Doc. 2017–11894 Filed 6–7–17; 8:45 am]
                                                  entitled ‘‘Actions Concerning                           and other required information to the                  BILLING CODE 1301–00–D
                                                  Regulations That Significantly Affect                   U.S. Senate, the U.S. House of
                                                  Energy Supply, Distribution, or Use’’ (66               Representatives, and the Comptroller
                                                  FR 28355, May 22, 2001) or Executive                    General of the United States prior to
                                                  Order 13045, entitled ‘‘Protection of                                                                          DEPARTMENT OF COMMERCE
                                                                                                          publication of the rule in the Federal
                                                  Children from Environmental Health                      Register. This action is not a ‘‘major                 National Oceanic and Atmospheric
                                                  Risks and Safety Risks’’ (62 FR 19885,                  rule’’ as defined by 5 U.S.C. 804(2).                  Administration
                                                  April 23, 1997). This action does not
                                                  contain any information collections                     List of Subjects in 40 CFR Part 180                    50 CFR Part 635
                                                  subject to OMB approval under the                         Environmental protection,
                                                  Paperwork Reduction Act (PRA), 44                       Administrative practice and procedure,                 [Docket No. 150121066–5717–02]
                                                  U.S.C. 3501 et seq., nor does it require                Agricultural commodities, Pesticides                   RIN 0648–XF472
                                                  any special considerations under                        and pests, Reporting and recordkeeping
                                                  Executive Order 12898, entitled                         requirements.                                          Atlantic Highly Migratory Species;
                                                  ‘‘Federal Actions to Address                                                                                   Atlantic Bluefin Tuna Fisheries
                                                  Environmental Justice in Minority                         Dated: May 10, 2017.
                                                  Populations and Low-Income                              Michael Goodis,                                        AGENCY:  National Marine Fisheries
                                                  Populations’’ (59 FR 7629, February 16,                 Director, Registration Division, Office of             Service, National Oceanic and
                                                  1994).                                                  Pesticide Programs.                                    Atmospheric Administration,
                                                     Since tolerances and exemptions that                   Therefore, 40 CFR chapter I is                       Commerce.
                                                  are established in accordance with                      amended as follows:                                    ACTION: Temporary rule; closure of
                                                  FFDCA sections 408(e) and 408(l)(6),                                                                           Angling category Gulf of Mexico trophy
                                                  such as the tolerances in this final rule,              PART 180—[AMENDED]                                     fishery.
                                                  do not require the issuance of a
                                                  proposed rule, the requirements of the                  ■ 1. The authority citation for part 180               SUMMARY:   NMFS closes the Gulf of
                                                  Regulatory Flexibility Act (RFA) (5                     continues to read as follows:                          Mexico Angling category fishery for
                                                  U.S.C. 601 et seq.) do not apply.                           Authority: 21 U.S.C. 321(q), 346a and 371.         large medium and giant (‘‘trophy’’ (i.e.,
                                                     This action directly regulates growers,              ■ 2. In § 180.417, revise paragraph (b) to             measuring 73 inches curved fork length
                                                  food processors, food handlers, and food                read as follows:                                       or greater)) Atlantic bluefin tuna (BFT).
                                                  retailers, not States or tribes, nor does                                                                      This action is being taken to prevent any
                                                  this action alter the relationships or                  § 180.417 Triclopyr; tolerances for                    further overharvest of the Angling
                                                  distribution of power and                               residues.                                              category Gulf of Mexico trophy BFT
                                                  responsibilities established by Congress                *      *     *    *    *                               subquota.
                                                  in the preemption provisions of FFDCA                      (b) Section 18 emergency exemptions.                DATES:  Effective 11:30 p.m., local time,
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  section 408(n)(4). As such, the Agency                  Time-limited tolerances specified in the               June 7, 2017, through December 31,
                                                  has determined that this action will not                following table are established for                    2017.
                                                  have a substantial direct effect on States              residues of the triclopyr (2-[(3,5,6-
                                                  or tribal governments, on the                           trichloro-2-pyridinyl)oxy]acetic acid),                FOR FURTHER INFORMATION CONTACT:
                                                  relationship between the national                       including its metabolites and degradates               Sarah McLaughlin or Brad McHale,
                                                  government and the States or tribal                     in or on the specified agricultural                    978–281–9260.
                                                  governments, or on the distribution of                  commodities, resulting from use of the                 SUPPLEMENTARY INFORMATION:
                                                  power and responsibilities among the                    pesticide pursuant to FIFRA section 18                 Regulations implemented under the


                                             VerDate Sep<11>2014   16:16 Jun 07, 2017   Jkt 241001   PO 00000   Frm 00033   Fmt 4700   Sfmt 4700   E:\FR\FM\08JNR1.SGM    08JNR1


                                                  26604               Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Rules and Regulations

                                                  authority of the Atlantic Tunas                         System, NMFS has determined that the                   opportunity for public comment on, this
                                                  Convention Act (ATCA; 16 U.S.C. 971 et                  codified Angling category Gulf of                      action for the following reasons:
                                                  seq.) and the Magnuson-Stevens Fishery                  Mexico trophy BFT subquota has been                       The regulations implementing the
                                                  Conservation and Management Act                         reached and that a closure of the Gulf                 2006 Consolidated HMS FMP and
                                                  (Magnuson-Stevens Act; 16 U.S.C. 1801                   of Mexico trophy BFT fishery is
                                                                                                                                                                 amendments provide for inseason
                                                  et seq.) governing the harvest of BFT by                warranted. Therefore, retaining,
                                                                                                                                                                 retention limit adjustments and fishery
                                                  persons and vessels subject to U.S.                     possessing, or landing large medium or
                                                  jurisdiction are found at 50 CFR part                   giant BFT in the Gulf of Mexico by                     closures to respond to the unpredictable
                                                  635. Section 635.27 subdivides the U.S.                 persons aboard vessels permitted in the                nature of BFT availability on the fishing
                                                  BFT quota recommended by the                            HMS Angling category and the HMS                       grounds, the migratory nature of this
                                                  International Commission for the                        Charter/Headboat category (when                        species, and the regional variations in
                                                  Conservation of Atlantic Tunas (ICCAT)                  fishing recreationally) must cease at                  the BFT fishery. The closure of the Gulf
                                                  among the various domestic fishing                      11:30 p.m. local time on June 7, 2017.                 of Mexico Angling category trophy
                                                  categories, per the allocations                         This closure will remain effective                     fishery is necessary to prevent any
                                                  established in the 2006 Consolidated                    through December 31, 2017. This action                 further overharvest of the Gulf of
                                                  Atlantic Highly Migratory Species                       is intended to prevent overharvest of the              Mexico trophy fishery subquota. NMFS
                                                  Fishery Management Plan (2006                           Angling category Gulf of Mexico trophy                 provides notification of closures by
                                                  Consolidated HMS FMP) (71 FR 58058,                     BFT subquota, and is taken consistent                  publishing the notice in the Federal
                                                  October 2, 2006) and amendments.                        with the regulations at § 635.28(a)(1).                Register, emailing individuals who have
                                                     NMFS is required, under                                 If needed, subsequent Angling                       subscribed to the Atlantic HMS News
                                                  § 635.28(a)(1), to file a closure notice                category adjustments will be published                 electronic newsletter, and updating the
                                                  with the Office of the Federal Register                 in the Federal Register. Information                   information posted on the Atlantic
                                                  for publication when a BFT quota is                     regarding the Angling category fishery                 Tunas Information Line and on
                                                  reached or is projected to be reached.                  for Atlantic tunas, including daily
                                                                                                                                                                 hmspermits.noaa.gov.
                                                  On and after the effective date and time                retention limits for BFT measuring 27
                                                  of such notification, for the remainder of              inches (68.5 cm) to less than 73 inches                   These fisheries are currently
                                                  the fishing year or for a specified period              and any further Angling category                       underway and delaying this action
                                                  as indicated in the notification,                       adjustments, is available at                           would be contrary to the public interest
                                                  retaining, possessing, or landing BFT                   hmspermits.noaa.gov or by calling (978)                as it could result in excessive trophy
                                                  under that quota category is prohibited                 281–9260. HMS Angling and HMS                          BFT landings that may result in future
                                                  until the opening of the subsequent                     Charter/Headboat category permit                       potential quota reductions for the
                                                  quota period or until such date as                      holders may catch and release (or tag                  Angling category, depending on the
                                                  specified in the notice.                                and release) BFT of all sizes, subject to              magnitude of a potential Angling
                                                                                                          the requirements of the catch-and-                     category overharvest. NMFS must close
                                                  Angling Category Large Medium and
                                                                                                          release and tag-and-release programs at                the Gulf of Mexico trophy BFT fishery
                                                  Giant Gulf of Mexico ‘‘Trophy’’ Fishery
                                                                                                          § 635.26. Anglers are also reminded that               before additional landings of these sizes
                                                  Closure
                                                                                                          all BFT that are released must be                      of BFT occur. Therefore, the AA finds
                                                     The 2017 BFT fishing year, which is                  handled in a manner that will maximize
                                                  managed on a calendar-year basis and                                                                           good cause under 5 U.S.C. 553(b)(B) to
                                                                                                          survival, and without removing the fish                waive prior notice and the opportunity
                                                  subject to an annual calendar-year                      from the water, consistent with
                                                  quota, began January 1, 2017. The                                                                              for public comment. For all of the above
                                                                                                          requirements at § 635.21(a)(1). For
                                                  Angling category season opened January                  additional information on safe handling,               reasons, there is good cause under 5
                                                  1, 2017, and continues through                          see the ‘‘Careful Catch and Release’’                  U.S.C. 553(d) to waive the 30-day delay
                                                  December 31, 2017. The currently                        brochure available                                     in effectiveness.
                                                  codified Angling category quota is 195.2                atwww.nmfs.noaa.gov/sfa/hms/.                             This action is being taken under 50
                                                  mt, of which 4.5 mt is allocated for the                   HMS Charter/Headboat and Angling                    CFR 635.28(a)(1), and is exempt from
                                                  harvest of large medium and giant                       category vessel owners are required to                 review under Executive Order 12866.
                                                  (trophy) BFT by vessels fishing under                   report the catch of all BFT retained or
                                                  the Angling category quota, with 1.5 mt                                                                           Authority: 16 U.S.C. 971 et seq. and 1801
                                                                                                          discarded dead, within 24 hours of the
                                                  allocated for each of the following areas:                                                                     et seq.
                                                                                                          landing(s) or end of each trip, by
                                                  North of 39°18′ N. lat. (off Great Egg                  accessing hmspermits.noaa.gov or by                      Dated: June 5, 2017.
                                                  Inlet, NJ); south of 39°18′ N. lat. and                 using the HMS Catch Reporting App.                     Margo B. Schulze-Haugen,
                                                  outside the Gulf of Mexico (the                                                                                Acting Deputy Director, Office of Sustainable
                                                  ‘‘southern area’’); and in the Gulf of                  Classification
                                                                                                                                                                 Fisheries, National Marine Fisheries Service.
                                                  Mexico. Trophy BFT measure 73 inches                      The Assistant Administrator for
                                                                                                                                                                 [FR Doc. 2017–11910 Filed 6–5–17; 4:15 pm]
                                                  (185 cm) curved fork length or greater.                 NMFS (AA) finds that it is impracticable
                                                                                                                                                                 BILLING CODE 3510–22–P
                                                     Based on reported landings from the                  and contrary to the public interest to
                                                  NMFS Automated Catch Reporting                          provide prior notice of, and an
asabaliauskas on DSKBBXCHB2PROD with RULES




                                             VerDate Sep<11>2014   16:16 Jun 07, 2017   Jkt 241001   PO 00000   Frm 00034   Fmt 4700   Sfmt 9990   E:\FR\FM\08JNR1.SGM   08JNR1



Document Created: 2018-11-14 10:06:47
Document Modified: 2018-11-14 10:06:47
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 of Angling category Gulf of Mexico trophy fishery.
DatesEffective 11:30 p.m., local time, June 7, 2017, through December 31, 2017.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation82 FR 26603 
RIN Number0648-XF47

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR