82 FR 37825 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 155 (August 14, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 155 (August 14, 2017)
| Page Range | 37825-37826 | |
| FR Document | 2017-17122 |
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)] [Rules and Regulations] [Pages 37825-37826] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17122] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XF534 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure of Angling category northern area trophy fishery. ----------------------------------------------------------------------- SUMMARY: NMFS closes the northern area 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 [[Page 37826]] overharvest of the Angling category northern area trophy BFT subquota. DATES: Effective 11:30 p.m., local time, August 11, 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 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 Northern ``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) (the ``northern area''); 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 northern area trophy BFT subquota has been reached and that a closure of the northern area trophy BFT fishery is warranted. Therefore, retaining, possessing, or landing large medium or giant BFT north of 39[deg]18' N. lat. 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 August 11, 2017. This closure will remain effective through December 31, 2017. This action is intended to prevent overharvest of the Angling category northern area trophy BFT subquota, and is taken consistent with the regulations at Sec. 635.28(a)(1). NMFS previously closed the 2017 trophy BFT fishery in the southern area on March 20, 2017 (82 FR 14162, March 17, 2017) and in the Gulf of Mexico on June 7, 2017 (82 FR 26603, June 8, 2017). Therefore, as of August 11, 2017, the Angling category trophy BFT fishery will be closed in all areas for 2017. 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 at www.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 northern area Angling category trophy fishery is necessary to prevent any further overharvest of the northern area 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 northern area 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: August 9, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries National Marine Fisheries Service. [FR Doc. 2017-17122 Filed 8-9-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations 37825
catches of bigeye tuna using logbook Ocean. To ensure compliance with the Web site, social media, and other
data submitted by vessel captains and restrictions related to bigeye tuna caught means. This constitutes adequate
other available information, and by longline gear in the Convention Area, advance notice of this fishery closure.
determined that the 2017 catch limit however, the following requirements Additionally, the publication timing of
would be reached by September 1, 2017. apply during the closure period (see 50 this rule provides longline fishermen
In accordance with 50 CFR CFR 300.224): with seven days advance notice of the
300.224(e), this rule serves as (1) Longline fishing both inside and closure date, and allows two weeks to
notification to fishermen, the fishing outside the Convention Area is not return to port and land their catch of
industry, and the general public that the allowed during the same fishing trip. An bigeye tuna.
U.S. longline fishery for bigeye tuna in exception would be a fishing trip that is For the reasons stated above, there is
the Convention Area will be closed in progress on September 1, 2017. In also good cause under 5 U.S.C. 553(d)(3)
during the dates provided in the DATES that case, the catch of bigeye tuna must to waive the 30-day delay in
heading. The fishery is scheduled to be landed by September 15, 2017; and effectiveness for this temporary rule.
reopen on January 1, 2018. This rule (2) If a longline vessel fishes outside NMFS must close the fishery as soon as
does not apply to the longline fisheries the Convention Area and the vessel then possible to ensure that fishery does not
of American Samoa, Guam, or the enters the Convention Area during the exceed the catch limit. According to
Commonwealth of the Northern Mariana same fishing trip, the fishing gear must NMFS stock-status-determination
Islands, collectively ‘‘the territories,’’ as be stowed and not readily available for criteria, bigeye tuna in the Pacific Ocean
described below. fishing in the Convention Area. are currently experiencing overfishing.
During the closure, a U.S. fishing Specifically, hooks, branch lines, and NMFS implemented the catch limit to
vessel may not retain on board, floats must be stowed and the mainline reduce the effects of fishing on bigeye
transship, or land bigeye tuna caught by hauler must be covered. tuna and restore the stock to levels
longline gear in the Convention Area, The above two additional prohibitions capable of producing maximum
except that any bigeye tuna already on do not apply to the following vessels: sustainable yield on a continuing basis.
board a fishing vessel upon the effective (1) Vessels on declared shallow-
Failure to close the fishery immediately
date of the restrictions may be retained setting trips pursuant to 50 CFR
would result in additional fishing
on board, transshipped, and landed, 665.803(a); and
(2) Vessels operating in the longline pressure on this stock, in violation of
provided that they are landed within 14 Federal law and regulations that
days of the start of the closure, that is, fisheries of the territories. This includes
vessels included in a valid specified implement WCPFC decisions.
by September 15, 2017. This 14-day This action is required by 50 CFR
landing requirement does not apply to fishing agreement under 50 CFR
665.819(c), in accordance with 50 CFR 300.224 and is exempt from review
a vessel that has declared to NMFS, under Executive Order 12866.
pursuant to 50 CFR 665.803(a), that the 300.224(f)(1)(iv). This group also
includes vessels with valid American Authority: 16 U.S.C. 6901 et seq.
current trip type is shallow-setting.
During the effective period of the Samoa longline permits and vessels Dated: August 9, 2017.
restrictions, longline-caught bigeye tuna landing bigeye tuna in one of the Emily H. Menashes,
may be retained on board, transshipped, territories, as long as the bigeye tuna Acting Director, Office of Sustainable
and landed if the fish are caught by a were not caught in the EEZ around Fisheries, National Marine Fisheries Service.
vessel with a valid American Samoa Hawaii, the fishing was compliant with [FR Doc. 2017–17164 Filed 8–10–17; 11:15 am]
longline permit, or if the fish are landed all applicable laws, and the vessel has
BILLING CODE 3510–22–P
in the territories. In either case, the a valid permit issued under 50 CFR
following conditions must be met: 660.707 or 665.801.
(1) The fish is not caught in the U.S. Classification DEPARTMENT OF COMMERCE
Exclusive Economic Zone (EEZ) around
Hawaii; There is good cause under 5 U.S.C. National Oceanic and Atmospheric
(2) Other applicable laws and 553(b)(B) to waive prior notice and the Administration
regulations are followed; and opportunity for public comment on this
(3) The vessel has a valid permit action, because it would be unnecessary 50 CFR Part 635
issued under 50 CFR 660.707 or and contrary to the public interest. This
665.801. rule closes the U.S. longline fishery for [Docket No. 150121066–5717–02]
Bigeye tuna caught by longline gear bigeye tuna in the western and central
Pacific as a result of reaching the RIN 0648–XF534
during the closure may also be retained
on board, transshipped, and/or landed if applicable bigeye tuna catch limit. The
Atlantic Highly Migratory Species;
they are caught by a vessel that is limit is codified in Federal regulations
Atlantic Bluefin Tuna Fisheries
included in a valid specified fishing and is based on agreed limits
agreement under 50 CFR 665.819(c), in established by the Western and Central AGENCY: National Marine Fisheries
accordance with 50 CFR Pacific Fisheries Commission. 50 CFR Service (NMFS), National Oceanic and
300.224(f)(1)(iv). 300.224(e) notifies the public that Atmospheric Administration (NOAA),
During the closure, a U.S. vessel is fishing prohibitions will be placed in Commerce.
also prohibited from transshipping effect when the limit is reached. NMFS ACTION: Temporary rule; closure of
bigeye tuna caught in the Convention forecasts that the fishery will reach the Angling category northern area trophy
Area by longline gear to any vessel other 2017 limit by September 1, 2017. fishery.
sradovich on DSK3GMQ082PROD with RULES
than a U.S. fishing vessel with a valid Longline fishermen have been subject to
permit issued under 50 CFR 660.707 or longline bigeye tuna limits in the SUMMARY: NMFS closes the northern
665.801. western and central Pacific since 2009. area Angling category fishery for large
The catch limit and this closure do They have received ongoing, updated medium and giant (‘‘trophy’’ (i.e.,
not apply to bigeye tuna caught by information about the 2017 catch and measuring 73 inches curved fork length
longline gear outside the Convention progress of the fishery in reaching the or greater)) Atlantic bluefin tuna (BFT).
Area, such as in the eastern Pacific Convention Area limit via the NMFS This action is being taken to prevent
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![37826 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations
overharvest of the Angling category Mexico (the ‘‘southern area’’); and in the landing(s) or end of each trip, by
northern area trophy BFT subquota. Gulf of Mexico. Trophy BFT measure 73 accessing hmspermits.noaa.gov or by
DATES: Effective 11:30 p.m., local time, inches (185 cm) curved fork length or using the HMS Catch Reporting App.
August 11, 2017, through December 31, greater.
Based on reported landings from the Classification
2017.
FOR FURTHER INFORMATION CONTACT: NMFS Automated Catch Reporting The Assistant Administrator for
Sarah McLaughlin or Brad McHale, System, NMFS has determined that the NMFS (AA) finds that it is impracticable
978–281–9260. codified Angling category northern area and contrary to the public interest to
SUPPLEMENTARY INFORMATION:
trophy BFT subquota has been reached provide prior notice of, and an
Regulations implemented under the and that a closure of the northern area opportunity for public comment on, this
authority of the Atlantic Tunas trophy BFT fishery is warranted. action for the following reasons:
Convention Act (ATCA; 16 U.S.C. 971 et Therefore, retaining, possessing, or
The regulations implementing the
seq.) and the Magnuson-Stevens Fishery landing large medium or giant BFT
2006 Consolidated HMS FMP and
Conservation and Management Act north of 39°18′ N. lat. by persons aboard
amendments provide for inseason
(Magnuson-Stevens Act; 16 U.S.C. 1801 vessels permitted in the HMS Angling
retention limit adjustments and fishery
et seq.) governing the harvest of BFT by category and the HMS Charter/Headboat
closures to respond to the unpredictable
persons and vessels subject to U.S. category (when fishing recreationally)
nature of BFT availability on the fishing
jurisdiction are found at 50 CFR part must cease at 11:30 p.m. local time on
grounds, the migratory nature of this
635. Section 635.27 subdivides the U.S. August 11, 2017. This closure will
species, and the regional variations in
BFT quota recommended by the remain effective through December 31,
the BFT fishery. The closure of the
International Commission for the 2017. This action is intended to prevent
northern area Angling category trophy
Conservation of Atlantic Tunas (ICCAT) overharvest of the Angling category
fishery is necessary to prevent any
among the various domestic fishing northern area trophy BFT subquota, and
further overharvest of the northern area
categories, per the allocations is taken consistent with the regulations
trophy fishery subquota. NMFS
established in the 2006 Consolidated at § 635.28(a)(1). NMFS previously
provides notification of closures by
Atlantic Highly Migratory Species closed the 2017 trophy BFT fishery in
publishing the notice in the Federal
Fishery Management Plan (2006 the southern area on March 20, 2017 (82
Register, emailing individuals who have
Consolidated HMS FMP) (71 FR 58058, FR 14162, March 17, 2017) and in the
subscribed to the Atlantic HMS News
October 2, 2006) and amendments. Gulf of Mexico on June 7, 2017 (82 FR
electronic newsletter, and updating the
NMFS is required, under 26603, June 8, 2017). Therefore, as of
information posted on the Atlantic
§ 635.28(a)(1), to file a closure notice August 11, 2017, the Angling category
Tunas Information Line and on
with the Office of the Federal Register trophy BFT fishery will be closed in all
hmspermits.noaa.gov.
for publication when a BFT quota is areas for 2017.
reached or is projected to be reached. If needed, subsequent Angling These fisheries are currently
On and after the effective date and time category adjustments will be published underway and delaying this action
of such notification, for the remainder of in the Federal Register. Information would be contrary to the public interest
the fishing year or for a specified period regarding the Angling category fishery as it could result in excessive trophy
as indicated in the notification, for Atlantic tunas, including daily BFT landings that may result in future
retaining, possessing, or landing BFT retention limits for BFT measuring 27 potential quota reductions for the
under that quota category is prohibited inches (68.5 cm) to less than 73 inches Angling category, depending on the
until the opening of the subsequent and any further Angling category magnitude of a potential Angling
quota period or until such date as adjustments, is available at category overharvest. NMFS must close
specified in the notice. hmspermits.noaa.gov or by calling (978) the northern area trophy BFT fishery
281–9260. HMS Angling and HMS before additional landings of these sizes
Angling Category Large Medium and Charter/Headboat category permit of BFT occur. Therefore, the AA finds
Giant Northern ‘‘Trophy’’ Fishery holders may catch and release (or tag good cause under 5 U.S.C. 553(b)(B) to
Closure and release) BFT of all sizes, subject to waive prior notice and the opportunity
The 2017 BFT fishing year, which is the requirements of the catch-and- for public comment. For all of the above
managed on a calendar-year basis and release and tag-and-release programs at reasons, there is good cause under 5
subject to an annual calendar-year § 635.26. Anglers are also reminded that U.S.C. 553(d) to waive the 30-day delay
quota, began January 1, 2017. The all BFT that are released must be in effectiveness.
Angling category season opened January handled in a manner that will maximize This action is being taken under 50
1, 2017, and continues through survival, and without removing the fish CFR 635.28(a)(1), and is exempt from
December 31, 2017. The currently from the water, consistent with review under Executive Order 12866.
codified Angling category quota is 195.2 requirements at § 635.21(a)(1). For Authority: 16 U.S.C. 971 et seq. and 1801
mt, of which 4.5 mt is allocated for the additional information on safe handling, et seq.
harvest of large medium and giant see the ‘‘Careful Catch and Release’’
(trophy) BFT by vessels fishing under brochure available at Dated: August 9, 2017.
the Angling category quota, with 1.5 mt www.nmfs.noaa.gov/sfa/hms/. Emily H. Menashes,
allocated for each of the following areas: HMS Charter/Headboat and Angling Acting Director, Office of Sustainable
North of 39°18′ N. lat. (off Great Egg category vessel owners are required to Fisheries National Marine Fisheries Service.
Inlet, NJ) (the ‘‘northern area’’); south of report the catch of all BFT retained or [FR Doc. 2017–17122 Filed 8–9–17; 4:15 pm]
sradovich on DSK3GMQ082PROD with RULES
39°18′ N. lat. and outside the Gulf of discarded dead, within 24 hours of the BILLING CODE 3510–22–P
VerDate Sep<11>2014 15:51 Aug 11, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 E:\FR\FM\14AUR1.SGM 14AUR1](https://thefederalregister.org/doc/82_FR_37980/page/2.svg)
Document Created: 2018-10-24 11:52:18
Document Modified: 2018-10-24 11:52:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure of Angling category northern area trophy fishery. | |
| Dates | Effective 11:30 p.m., local time, August 11, 2017, through December 31, 2017. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 82 FR 37825 | |
| RIN Number | 0648-XF53 |
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