82 FR 39047 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 158 (August 17, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 158 (August 17, 2017)
| Page Range | 39047-39048 | |
| FR Document | 2017-17388 |
[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)] [Rules and Regulations] [Pages 39047-39048] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17388] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XF615 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 the coastwide General category fishery. ----------------------------------------------------------------------- SUMMARY: NMFS closes the coastwide General category fishery for large medium and giant (i.e., measuring 73 inches curved fork length or greater) Atlantic bluefin tuna (BFT) until the General category reopens on September 1, 2017. This action is being taken to prevent further overharvest of the General category June through August subquota and help ensure the fishery continues to the end of the calendar year. DATES: Effective 11:30 p.m., local time, August 16, 2017, through August 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, [[Page 39048]] retaining, possessing, or landing BFT under that quota category is prohibited until the opening of the subsequent quota period or until such date as specified in the notice. The base quota for the General category is 466.7 mt. See Sec. 635.27(a). Each of the General category time periods (January, June through August, September, October through November, and December) is allocated a ``subquota'' or portion of the annual General category quota. Although it is called the ``January'' subquota, the regulations allow the General category fishery under this quota to continue until the subquota is reached or March 31, whichever comes first. The subquotas for each time period are as follows: 24.7 mt for January; 233.3 mt for June through August; 123.7 mt for September; 60.7 mt for October through November; and 24.3 mt for December. Any unused General category quota rolls forward within the fishing year, which coincides with the calendar year, from one time period to the next, and is available for use in subsequent time periods. On December 19, 2016, NMFS published an inseason action transferring 16.3 mt of BFT quota from the December 2017 subquota to the January 2017 subquota period (81 FR 91873). For 2017, NMFS also transferred 40 mt from the Reserve to the General category effective March 2, resulting in an adjusted General category quota of 506.7 mt (82 FR 12747, March 7, 2017). Based on the best available landings information for the General category BFT fishery, NMFS has determined that the General category June through August 2017 subquota of 233.3 mt has been reached (i.e., as of August 10, reported landings are approximately 259.0 mt). Therefore, retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the Atlantic tunas General and HMS Charter/Headboat categories (while fishing commercially) must cease at 11:30 p.m. local time on August 16, 2017. The General category will reopen automatically on September 1, 2017, for the September 2017 subperiod and there is additional quota available for October through December. This action applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT, and is taken consistent with the regulations at Sec. 635.28(a)(1). The intent of this closure is to prevent any further overharvest of the available General category June through August BFT subquota and help ensure the fishery continues to the end of the calendar year. Fishermen may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-and-release and tag- and-release programs at Sec. 635.26. All BFT that are released must be handled in a manner that will maximize their survival, and without removing the fish from the water, consistent with requirements at Sec. 635.21(a)(1). For additional information on safe handling, see the ``Careful Catch and Release'' brochure available at www.nmfs.noaa.gov/sfa/hms/. General, HMS Charter/Headboat, Harpoon, and Angling category vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov or by using the Android or iPhone app. Classification The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments and fishery closures to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. These fisheries are currently underway and the quota for the subcategory has already been exceeded. Delaying this action would be contrary to the public interest because the subquota has already been exceeded and any delay could lead to further exceedance, which may result in the need to reduce quota for the General category later in the year and thus could affect later fishing opportunities. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, there also is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. This action is being taken under 50 CFR 635.28(a)(1), and is exempt from review under Executive Order 12866. Authority: 6 U.S.C. 971 et seq. and 1801 et seq. Dated: August 11, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-17388 Filed 8-14-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39047
information contained in the 2005 EIS NMFS worked closely with local DEPARTMENT OF COMMERCE
and 2014 SEIS, the Regional governments in the Pribilof Islands, and
Administrator has determined that (1) these estimates of subsistence use and National Oceanic and Atmospheric
approval of the proposed 2017–2019 fur need were prepared by the local Administration
seal subsistence harvest notice does not governments in St. Paul and St. George,
constitute a change in the action; and (2) with assistance from NMFS officials. 50 CFR Part 635
there are no significant new [Docket No. 150121066–5717–02]
circumstances or information relevant to Executive Order 13175—Native
environmental concerns and bearing on Consultation RIN 0648–XF615
the proposed action or its impacts.
Executive Order 13175 of November Atlantic Highly Migratory Species;
Additionally, the proposed 2017–2019
fur seal subsistence harvest levels will 6, 2000 (25 U.S.C. 450 Note), the Atlantic Bluefin Tuna Fisheries
result in environmental impacts within executive Memorandum of April 29,
1994 (25 U.S.C. 450 note), the American AGENCY: National Marine Fisheries
the scope of those analyzed and Service (NMFS), National Oceanic and
disclosed in the previous EIS. Therefore, Indian Native Policy of the U.S.
Atmospheric Administration (NOAA),
supplemental NEPA documentation is Department of Commerce (March 30,
Commerce.
not necessary to implement the 2017– 1995), the Department of Commerce’s
Tribal Consultation Policy (including ACTION: Temporary rule; closure of the
2019 fur seal subsistence harvest levels
the Department of Commerce coastwide General category fishery.
discussed in this document.
Administrative Order 218–8, April 26, SUMMARY: NMFS closes the coastwide
Executive Order 12866 and 13563
2012), and the NOAA Procedures for General category fishery for large
This proposed action is authorized Government-to-Government medium and giant (i.e., measuring 73
under 50 CFR 216.72(b) and is not Consultation With Federally Recognized inches curved fork length or greater)
significant for the purposes of Executive Indian Tribes and Alaska Native Atlantic bluefin tuna (BFT) until the
Orders 12866 and 13563. Corporations (November 12, 2013) General category reopens on September
Regulatory Flexibility Act outline the responsibilities of NMFS in 1, 2017. This action is being taken to
The Chief Counsel for Regulation, matters affecting tribal interests. Section prevent further overharvest of the
Department of Commerce, certified to 161 of Public Law 108–100 (188 Stat. General category June through August
the Chief Counsel for Advocacy of the 452) as amended by section 518 of subquota and help ensure the fishery
Small Business Administration at the Public Law 108–447 (118 Stat. 3267) continues to the end of the calendar
proposed action stage that it would not extends the consultation requirements year.
have a significant economic impact on of E.O. 13175 to Alaska Native DATES:Effective 11:30 p.m., local time,
a substantial number of small entities. corporations. NMFS contacted the tribal August 16, 2017, through August 31,
The harvest of northern fur seals on the governments of St. Paul and St. George 2017.
Pribilof Islands, Alaska, is for Islands and their respective local Native
FOR FURTHER INFORMATION CONTACT:
subsistence purposes only, and the corporations (Tanadgusix and Tanaq)
Sarah McLaughlin or Brad McHale,
estimate of subsistence need would not about setting the next three years’ 978–281–9260.
have an adverse economic impact on subsistence requirements and
SUPPLEMENTARY INFORMATION:
any small entities. Background considered their input in formulating
information related to the certification Regulations implemented under the
the proposed action. NMFS notified the
was included in the proposed estimates authority of the Atlantic Tunas
tribal governments and Native
published in the Federal Register on Convention Act (ATCA; 16 U.S.C. 971 et
corporations when the proposed action seq.) and the Magnuson-Stevens Fishery
May 18, 2017 (82 FR 22797). We published in the Federal Register for a
received no comments on this Conservation and Management Act
30-day comment period (82 FR 22797, (Magnuson-Stevens Act; 16 U.S.C. 1801
certification and are not aware of May 18, 2017); no comments were
anything that would change the et seq.) governing the harvest of BFT by
received. persons and vessels subject to U.S.
conclusion of the certification; therefore
a regulatory flexibility analysis is not Executive Order 13175—Reducing jurisdiction are found at 50 CFR part
required for this action, and none has Regulation and Controlling Regulatory 635. Section 635.27 subdivides the U.S.
been prepared. Costs BFT quota recommended by the
International Commission for the
Paperwork Reduction Act This rule is not expected to be an E.O. Conservation of Atlantic Tunas (ICCAT)
This action does not contain any 13771 regulatory action because this among the various domestic fishing
collections of information subject to the rule is not significant under E.O. 12866. categories, per the allocations
Paperwork Reduction Act. established in the 2006 Consolidated
Dated: August 11, 2017.
Atlantic Highly Migratory Species
Executive Order 13132—Federalism Samuel D. Rauch, III, Fishery Management Plan (2006
This action does not contain policies Deputy Assistant Administrator for Consolidated HMS FMP) (71 FR 58058,
with federalism implications sufficient Regulatory Programs, National Marine October 2, 2006) and amendments.
to warrant preparation of a federalism Fisheries Service. NMFS is required, under
assessment under E.O. 13132 because [FR Doc. 2017–17379 Filed 8–16–17; 8:45 am] § 635.28(a)(1), to file a closure notice
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this action does not have substantial BILLING CODE 3510–22–P with the Office of the Federal Register
direct effects on the states, on the for publication when a BFT quota is
relationship between the national reached or is projected to be reached.
government and the states, or on the On and after the effective date and time
distribution of power and of such notification, for the remainder of
responsibilities among the various the fishing year or for a specified period
levels of government. Nonetheless, as indicated in the notification,
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![39048 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations
retaining, possessing, or landing BFT possessing, or landing large medium or Classification
under that quota category is prohibited giant BFT by persons aboard vessels
The Assistant Administrator for
until the opening of the subsequent permitted in the Atlantic tunas General
quota period or until such date as NMFS (AA) finds that it is impracticable
and HMS Charter/Headboat categories
specified in the notice. and contrary to the public interest to
(while fishing commercially) must cease
The base quota for the General provide prior notice of, and an
at 11:30 p.m. local time on August 16,
category is 466.7 mt. See § 635.27(a). opportunity for public comment on, this
2017. The General category will reopen
Each of the General category time action for the following reasons:
automatically on September 1, 2017, for
periods (January, June through August, the September 2017 subperiod and there The regulations implementing the
September, October through November, is additional quota available for October 2006 Consolidated HMS FMP and
and December) is allocated a through December. This action applies amendments provide for inseason
‘‘subquota’’ or portion of the annual to Atlantic tunas General category retention limit adjustments and fishery
General category quota. Although it is closures to respond to the unpredictable
(commercial) permitted vessels and
called the ‘‘January’’ subquota, the nature of BFT availability on the fishing
Highly Migratory Species (HMS)
regulations allow the General category grounds, the migratory nature of this
Charter/Headboat category permitted
fishery under this quota to continue species, and the regional variations in
vessels when fishing commercially for
until the subquota is reached or March the BFT fishery. These fisheries are
BFT, and is taken consistent with the
31, whichever comes first. The currently underway and the quota for
regulations at § 635.28(a)(1). The intent
subquotas for each time period are as the subcategory has already been
of this closure is to prevent any further
follows: 24.7 mt for January; 233.3 mt exceeded. Delaying this action would be
overharvest of the available General
for June through August; 123.7 mt for contrary to the public interest because
category June through August BFT
September; 60.7 mt for October through the subquota has already been exceeded
subquota and help ensure the fishery
November; and 24.3 mt for December. and any delay could lead to further
continues to the end of the calendar exceedance, which may result in the
Any unused General category quota
year. need to reduce quota for the General
rolls forward within the fishing year,
which coincides with the calendar year, Fishermen may catch and release (or category later in the year and thus could
from one time period to the next, and tag and release) BFT of all sizes, subject affect later fishing opportunities.
is available for use in subsequent time to the requirements of the catch-and- Therefore, the AA finds good cause
periods. On December 19, 2016, NMFS release and tag-and-release programs at under 5 U.S.C. 553(b)(B) to waive prior
published an inseason action § 635.26. All BFT that are released must notice and the opportunity for public
transferring 16.3 mt of BFT quota from be handled in a manner that will comment. For all of the above reasons,
the December 2017 subquota to the maximize their survival, and without there also is good cause under 5 U.S.C.
January 2017 subquota period (81 FR removing the fish from the water, 553(d) to waive the 30-day delay in
91873). For 2017, NMFS also transferred consistent with requirements at effectiveness.
40 mt from the Reserve to the General § 635.21(a)(1). For additional This action is being taken under 50
category effective March 2, resulting in information on safe handling, see the CFR 635.28(a)(1), and is exempt from
an adjusted General category quota of ‘‘Careful Catch and Release’’ brochure review under Executive Order 12866.
506.7 mt (82 FR 12747, March 7, 2017). available at www.nmfs.noaa.gov/sfa/
Authority: 6 U.S.C. 971 et seq. and 1801 et
Based on the best available landings hms/. General, HMS Charter/Headboat, seq.
information for the General category Harpoon, and Angling category vessel
BFT fishery, NMFS has determined that owners are required to report the catch Dated: August 11, 2017.
the General category June through of all BFT retained or discarded dead, Emily H. Menashes,
August 2017 subquota of 233.3 mt has within 24 hours of the landing(s) or end Acting Director, Office of Sustainable
been reached (i.e., as of August 10, of each trip, by accessing Fisheries, National Marine Fisheries Service.
reported landings are approximately hmspermits.noaa.gov or by using the [FR Doc. 2017–17388 Filed 8–14–17; 4:15 pm]
259.0 mt). Therefore, retaining, Android or iPhone app. BILLING CODE 3510–22–P
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Document Created: 2017-08-17 01:42:38
Document Modified: 2017-08-17 01:42:38
| 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 the coastwide General category fishery. | |
| Dates | Effective 11:30 p.m., local time, August 16, 2017, through August 31, 2017. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 82 FR 39047 | |
| RIN Number | 0648-XF61 |
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