82_FR_40885 82 FR 40720 - International Fisheries; Pacific Tuna Fisheries; 2017 Commercial Pacific Bluefin Tuna Fishery Closure in the Eastern Pacific Ocean

82 FR 40720 - International Fisheries; Pacific Tuna Fisheries; 2017 Commercial Pacific Bluefin Tuna Fishery Closure in the Eastern Pacific Ocean

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 165 (August 28, 2017)

Page Range40720-40721
FR Document2017-18157

NMFS is temporarily closing the U.S. commercial fishery for Pacific bluefin tuna in the eastern Pacific Ocean (EPO) through December 31, 2017, because the 2017 catch limit of 425 metric tons has been exceeded. This action is necessary to prevent the fishery from further exceeding the applicable catch limit established by the Inter- American Tropical Tuna Commission (IATTC) in Resolution C-16-08 (Measures for the Conservation and Management of Pacific Bluefin Tuna in the Eastern Pacific Ocean).

Federal Register, Volume 82 Issue 165 (Monday, August 28, 2017)
[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40720-40721]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18157]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 160422356-7283-02]
RIN 0648-XF630


International Fisheries; Pacific Tuna Fisheries; 2017 Commercial 
Pacific Bluefin Tuna Fishery Closure in the Eastern Pacific Ocean

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is temporarily closing the U.S. commercial fishery for 
Pacific bluefin tuna in the eastern Pacific Ocean (EPO) through 
December 31, 2017, because the 2017 catch limit of 425 metric tons has 
been exceeded. This action is necessary to prevent the fishery from 
further exceeding the applicable catch limit established by the Inter-
American Tropical Tuna Commission (IATTC) in Resolution C-16-08 
(Measures for the Conservation and Management of Pacific Bluefin Tuna 
in the Eastern Pacific Ocean).

[[Page 40721]]


DATES: The rule is effective 12 a.m. local time August 28, 2017, 
through 11:59 p.m. local time December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS West Coast Region, 
562-432-1850.

SUPPLEMENTARY INFORMATION: The United States is a member of the IATTC, 
which was established under the Convention for the Establishment of an 
Inter-American Tropical Tuna Commission signed in 1949 (Convention). 
The Convention provides an international agreement to ensure the 
effective international conservation and management of highly migratory 
species of fish in the IATTC Convention Area. The IATTC Convention 
Area, as amended by the Antigua Convention, includes the waters of the 
EPO bounded by the coast of the Americas, the 50[deg] N. and 50[deg] S. 
parallels, and the 150[deg] W. meridian.
    Fishing for Pacific bluefin tuna in the EPO is managed, in part, 
under the Tuna Conventions Act as amended (Act), 16 U.S.C. 951-962. 
Under the Act, NMFS must publish regulations to carry out 
recommendations of the IATTC that have been approved by the Department 
of State (DOS). Regulations governing fishing by U.S. vessels in 
accordance with the Act appear at 50 CFR part 300, subpart C. These 
regulations implement IATTC recommendations for the conservation and 
management of highly migratory fish resources in the EPO.
    In 2016, the IATTC adopted Resolution C-16-08, which establishes a 
600 metric ton (mt) catch limit of Pacific bluefin tuna applicable to 
U.S. commercial fishing vessels in 2017 and 2018, combined. 
Additionally, catch is not to exceed 425 mt in a single year; 
therefore, the annual limit in 2017 is 425 mt. With the approval of the 
DOS, NMFS implemented this catch limit by notice-and-comment rulemaking 
under the Act (82 FR 18704, April 21, 2017, and codified at 50 CFR 
300.25).
    NMFS, through monitoring landings data and other available 
information, has determined that the 2017 catch limit has been 
exceeded. In accordance with 50 CFR 300.25(g), this Federal Register 
notice announces that the U.S. fishery for Pacific bluefin tuna in the 
IATTC Convention Area will be closed starting on August 28, 2017, 
through the end of the 2017 calendar year. The 2018 catch limit will be 
calculated by subtracting the amount caught in 2017 from 600 mt.
    During the closure, a U.S. fishing vessel may not be used to 
target, retain on board, transship, or land Pacific bluefin tuna 
captured in the IATTC Convention Area, except as follows: Any Pacific 
bluefin tuna already on board a fishing vessel on August 28, 2017, may 
be retained on board, transshipped, and/or landed, to the extent 
authorized by applicable laws and regulations, provided all Pacific 
bluefin tuna are landed within 14 days after the effective date of this 
rule, that is, no later than September 11, 2017.

Classification

    NMFS has determined there is good cause to waive prior notice and 
opportunity for public comment pursuant to 5 U.S.C. 553(b)(B). This 
action is based on the best available information and is necessary for 
the conservation and management of Pacific bluefin tuna. Compliance 
with the notice and comment requirement would be impracticable and 
contrary to the public interest because NMFS would be unable to ensure 
that the 2017 Pacific bluefin tuna catch limit is not further exceeded, 
and that biennial limit of 600mt is also not exceeded. For the same 
reasons, NMFS has also determined there is good cause to waive the 
requirement for a 30-day delay in effectiveness under 5 U.S.C. 
553(d)(3).
    This action is required by Sec.  300.25(a) and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 951 et seq.

    Dated: August 23, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-18157 Filed 8-23-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                                  40720                  Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations

                                                  Subpart RR—Tennessee                                                 Sevierville-La Follette Area’’ and                                          § 52.2220          Identification of plan.
                                                                                                                       ‘‘RACM determination for the                                                *       *   *                  *        *
                                                  ■ 2. Section 52.2220(e) is amended by                                Knoxville-Sevierville-La Follette Area
                                                                                                                                                                                                       (e) * *
                                                  adding entries for ‘‘2006 24-hour PM2.5                              for the 2006 24-hour PM2.5 NAAQS’’ at
                                                  Maintenance Plan for the Knoxville-                                  the end of the table to read as follows:

                                                                                                     EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
                                                                                                                 Applicable geographic or nonattainment                           State effective
                                                      Name of non-regulatory SIP provision                                                                                                                       EPA approval date                       Explanation
                                                                                                                                  area                                                 date


                                                           *                      *                                  *                   *                                               *                            *                                     *
                                                  2006 24-hour PM2.5 Maintenance Plan                          Anderson, Blount, Knox, and Loudon                                      12/20/2016           8/28/2017 [Insert cita-
                                                    for the Knoxville-Sevierville-La Follette                    Counties and a portion of Roane                                                              tion of publication].
                                                    Area.                                                        County (the area described by U.S.
                                                                                                                 Census 2000 block group identifier
                                                                                                                 47–145–0307–2.).
                                                  RACM determination for the Knoxville-                        Anderson, Blount, Knox, and Loudon                                      12/20/2016           8/28/2017 [Insert cita-
                                                   Sevierville-La Follette Area for the                          Counties and a portion of Roane                                                              tion of publication].
                                                   2006 24-hour PM2.5 NAAQS.                                     County (the area described by U.S.
                                                                                                                 Census 2000 block group identifier
                                                                                                                 47–145–0307–2.).



                                                  PART 81—DESIGNATION OF AREAS                                             Authority: 42 U.S.C. 7401 et seq.                                       entry for ‘‘Knoxville-Sevierville-La
                                                  FOR AIR QUALITY PLANNING                                                                                                                         Follette, TN:’’ to read as follows:
                                                                                                                       ■  4. In § 81.343, the table entitled
                                                  PURPOSES
                                                                                                                       ‘‘Tennessee—2006 24-Hour PM 2.5                                             § 81.343         Tennessee.
                                                  ■ 3. The authority citation for part 81                              NAAQS’’ is amended by revising the                                          *         *         *          *        *
                                                  continues to read as follows:

                                                                                                                   TENNESSEE—2006 24-HOUR PM2.5 NAAQS
                                                                                                                                       [Primary and secondary]

                                                                                                                                                                                     Designation a                                          Classification
                                                                                          Designated area
                                                                                                                                                                       Date 1                            Type                          Date 2                   Type

                                                  Knoxville-Sevierville-La Follette, TN:                                                                                8/28/2017          Attainment .................           ....................   ....................
                                                     Anderson County ..................................................................................         ........................   Attainment .................           ....................   ....................
                                                     Blount County ........................................................................................     ........................   Attainment .................           ....................   ....................
                                                     Knox County ..........................................................................................     ........................   Attainment .................           ....................   ....................
                                                     Loudon County ......................................................................................       ........................   Attainment .................           ....................   ....................
                                                     Roane County (part) .............................................................................          ........................   Attainment .................           ....................   ....................
                                                     The area described by U.S. Census 2000 block group identifier 47–                                          ........................   ....................................   ....................   ....................
                                                        145–0307–2..

                                                               *                             *                             *                            *                                  *                                *                               *
                                                      a Includes   Indian Country located in each county or area, except as otherwise specified.
                                                      1 This   date is 30 days after November 13, 2009, unless otherwise noted.
                                                      2 This   date is July 2, 2014, unless otherwise noted.


                                                  *       *        *        *         *                                DEPARTMENT OF COMMERCE                                                      Atmospheric Administration (NOAA),
                                                  [FR Doc. 2017–18088 Filed 8–25–17; 8:45 am]                                                                                                      Commerce.
                                                  BILLING CODE 6560–50–P                                               National Oceanic and Atmospheric                                            ACTION: Temporary rule; closure.
                                                                                                                       Administration
                                                                                                                                                                                                   SUMMARY:   NMFS is temporarily closing
                                                                                                                       50 CFR Part 300                                                             the U.S. commercial fishery for Pacific
                                                                                                                                                                                                   bluefin tuna in the eastern Pacific Ocean
                                                                                                                       [Docket No. 160422356–7283–02]                                              (EPO) through December 31, 2017,
                                                                                                                                                                                                   because the 2017 catch limit of 425
                                                                                                                                                                                                   metric tons has been exceeded. This
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                                       RIN 0648–XF630                                                              action is necessary to prevent the
                                                                                                                       International Fisheries; Pacific Tuna                                       fishery from further exceeding the
                                                                                                                       Fisheries; 2017 Commercial Pacific                                          applicable catch limit established by the
                                                                                                                       Bluefin Tuna Fishery Closure in the                                         Inter-American Tropical Tuna
                                                                                                                       Eastern Pacific Ocean                                                       Commission (IATTC) in Resolution C–
                                                                                                                                                                                                   16–08 (Measures for the Conservation
                                                                                                                       AGENCY:  National Marine Fisheries                                          and Management of Pacific Bluefin
                                                                                                                       Service (NMFS), National Oceanic and                                        Tuna in the Eastern Pacific Ocean).


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                                                                    Federal Register / Vol. 82, No. 165 / Monday, August 28, 2017 / Rules and Regulations                                        40721

                                                  DATES:  The rule is effective 12 a.m. local             board a fishing vessel on August 28,                  prevent the development of new, and
                                                  time August 28, 2017, through 11:59                     2017, may be retained on board,                       the expansion of existing, commercial
                                                  p.m. local time December 31, 2017.                      transshipped, and/or landed, to the                   fisheries on certain forage species until
                                                  FOR FURTHER INFORMATION CONTACT:                        extent authorized by applicable laws                  the Council has adequate opportunity
                                                  Celia Barroso, NMFS West Coast Region,                  and regulations, provided all Pacific                 and information to evaluate the
                                                  562–432–1850.                                           bluefin tuna are landed within 14 days                potential impacts of forage fish harvest
                                                  SUPPLEMENTARY INFORMATION: The                          after the effective date of this rule, that           on existing fisheries, fishing
                                                  United States is a member of the IATTC,                 is, no later than September 11, 2017.                 communities, and the marine
                                                  which was established under the                                                                               ecosystem. This final rule implements
                                                                                                          Classification
                                                  Convention for the Establishment of an                                                                        an annual landing limit, possession
                                                                                                             NMFS has determined there is good                  limits, and permitting and reporting
                                                  Inter-American Tropical Tuna
                                                                                                          cause to waive prior notice and                       requirements for Atlantic chub mackerel
                                                  Commission signed in 1949
                                                                                                          opportunity for public comment                        and certain previously unmanaged
                                                  (Convention). The Convention provides
                                                                                                          pursuant to 5 U.S.C. 553(b)(B). This                  forage species and species groups
                                                  an international agreement to ensure the
                                                                                                          action is based on the best available                 caught within Mid-Atlantic Federal
                                                  effective international conservation and
                                                                                                          information and is necessary for the                  waters; allows vessels to transit Mid-
                                                  management of highly migratory species
                                                                                                          conservation and management of Pacific                Atlantic Federal waters with forage
                                                  of fish in the IATTC Convention Area.
                                                                                                          bluefin tuna. Compliance with the                     species caught in other areas; and
                                                  The IATTC Convention Area, as
                                                                                                          notice and comment requirement would                  identifies measures that can be revised
                                                  amended by the Antigua Convention,
                                                                                                          be impracticable and contrary to the                  through a future framework adjustment.
                                                  includes the waters of the EPO bounded
                                                                                                          public interest because NMFS would be
                                                  by the coast of the Americas, the 50° N.                                                                      DATES: This rule is effective September
                                                                                                          unable to ensure that the 2017 Pacific
                                                  and 50° S. parallels, and the 150° W.                                                                         27, 2017
                                                                                                          bluefin tuna catch limit is not further
                                                  meridian.                                                                                                     ADDRESSES: The Council prepared an
                                                                                                          exceeded, and that biennial limit of
                                                     Fishing for Pacific bluefin tuna in the                                                                    environmental assessment (EA) for the
                                                                                                          600mt is also not exceeded. For the
                                                  EPO is managed, in part, under the                                                                            Mid-Atlantic Unmanaged Forage
                                                                                                          same reasons, NMFS has also
                                                  Tuna Conventions Act as amended                                                                               Omnibus Amendment that describes the
                                                                                                          determined there is good cause to waive
                                                  (Act), 16 U.S.C. 951–962. Under the Act,                                                                      Council’s preferred management
                                                                                                          the requirement for a 30-day delay in
                                                  NMFS must publish regulations to carry                                                                        measures and other alternatives
                                                                                                          effectiveness under 5 U.S.C. 553(d)(3).
                                                  out recommendations of the IATTC that                      This action is required by § 300.25(a)             considered and provides a thorough
                                                  have been approved by the Department                    and is exempt from review under                       analysis of the impacts of the all
                                                  of State (DOS). Regulations governing                   Executive Order 12866.                                alternatives considered. Copies of the
                                                  fishing by U.S. vessels in accordance                                                                         Mid-Atlantic Unmanaged Forage
                                                  with the Act appear at 50 CFR part 300,                   Authority: 16 U.S.C. 951 et seq.
                                                                                                                                                                Species Omnibus Amendment,
                                                  subpart C. These regulations implement                    Dated: August 23, 2017.                             including the EA, the Regulatory Impact
                                                  IATTC recommendations for the                           Alan D. Risenhoover,                                  Review, and the Regulatory Flexibility
                                                  conservation and management of highly                   Director, Office of Sustainable Fisheries,            Act analysis are available from:
                                                  migratory fish resources in the EPO.                    National Marine Fisheries Service.                    Christopher Moore, Executive Director,
                                                     In 2016, the IATTC adopted                           [FR Doc. 2017–18157 Filed 8–23–17; 4:15 pm]           Mid-Atlantic Fishery Management
                                                  Resolution C–16–08, which establishes                   BILLING CODE 3510–22–P                                Council, Suite 201, 800 State Street
                                                  a 600 metric ton (mt) catch limit of                                                                          Dover, DE 19901. The supporting
                                                  Pacific bluefin tuna applicable to U.S.                                                                       documents are also accessible via the
                                                  commercial fishing vessels in 2017 and                  DEPARTMENT OF COMMERCE                                Internet at:
                                                  2018, combined. Additionally, catch is
                                                                                                                                                                • https://www.regulations.gov/
                                                  not to exceed 425 mt in a single year;                  National Oceanic and Atmospheric
                                                                                                                                                                   docket?D=NOAA-NMFS-2017-0013
                                                  therefore, the annual limit in 2017 is                  Administration
                                                  425 mt. With the approval of the DOS,                                                                         • https://www.greateratlantic.
                                                  NMFS implemented this catch limit by                    50 CFR Part 648                                          fisheries.noaa.gov/regs/2017/April/17
                                                  notice-and-comment rulemaking under                                                                              ForageOmnibusAmendmentpr.html or
                                                  the Act (82 FR 18704, April 21, 2017,
                                                                                                          [Docket No. 161025999–7662–02]                        • http://www.mafmc.org/actions/
                                                  and codified at 50 CFR 300.25).                         RIN 0648–BG42                                            unmanaged-forage.
                                                     NMFS, through monitoring landings                                                                             Copies of the small entity compliance
                                                  data and other available information,                   Fisheries of the Northeastern United                  guide prepared for this action are
                                                  has determined that the 2017 catch limit                States; Mid-Atlantic Unmanaged                        available from John K. Bullard, Regional
                                                  has been exceeded. In accordance with                   Forage Omnibus Amendment                              Administrator, NMFS, Greater Atlantic
                                                  50 CFR 300.25(g), this Federal Register                 AGENCY:  National Marine Fisheries                    Regional Fisheries Office, 55 Great
                                                  notice announces that the U.S. fishery                  Service (NMFS), National Oceanic and                  Republic Drive, Gloucester, MA 01930–
                                                  for Pacific bluefin tuna in the IATTC                   Atmospheric Administration (NOAA),                    2298, or available on the internet at:
                                                  Convention Area will be closed starting                 Commerce.                                             https://www.greateratlantic.
                                                  on August 28, 2017, through the end of                                                                        fisheries.noaa.gov/sustainable/species/
                                                                                                          ACTION: Final rule.
                                                  the 2017 calendar year. The 2018 catch                                                                        forage/index.html.
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  limit will be calculated by subtracting                 SUMMARY:  NMFS partially approves and                    Written comments regarding the
                                                  the amount caught in 2017 from 600 mt.                  implements through regulations                        burden-hour estimates or other aspects
                                                     During the closure, a U.S. fishing                   measures included in the Mid-Atlantic                 of the collection-of-information
                                                  vessel may not be used to target, retain                Unmanaged Forage Omnibus                              requirements contained in this final rule
                                                  on board, transship, or land Pacific                    Amendment, as adopted by the Mid-                     may be submitted to the Greater Atlantic
                                                  bluefin tuna captured in the IATTC                      Atlantic Fishery Management Council                   Regional Fisheries Office and by email
                                                  Convention Area, except as follows:                     and approved by NMFS on June 13,                      to OIRA_Submission@omb.eop.gov or
                                                  Any Pacific bluefin tuna already on                     2017. The purpose of this action is to                fax to (202) 395–5806.


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Document Created: 2017-08-28 11:30:07
Document Modified: 2017-08-28 11:30:07
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; closure.
DatesThe rule is effective 12 a.m. local time August 28, 2017, through 11:59 p.m. local time December 31, 2017.
ContactCelia Barroso, NMFS West Coast Region, 562-432-1850.
FR Citation82 FR 40720 
RIN Number0648-XF63

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