82_FR_41524 82 FR 41356 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

82 FR 41356 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 168 (August 31, 2017)

Page Range41356-41358
FR Document2017-18493

The Atlantic bluefin tuna (BFT) General category is currently closed and will reopen on September 1, 2017. NMFS is updating the adjustment of the BFT General category daily retention limit that will take effect beginning September 1, 2017, from the recently adopted two large medium or giant BFT per vessel per day/trip to one large medium or giant BFT per vessel per day/trip. This action is based on updated information about the availability of BFT and quota after considering the regulatory determination criteria regarding inseason adjustments and applies to Atlantic Tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT.

Federal Register, Volume 82 Issue 168 (Thursday, August 31, 2017)
[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Rules and Regulations]
[Pages 41356-41358]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18493]



[[Page 41356]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XF634


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

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

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SUMMARY: The Atlantic bluefin tuna (BFT) General category is currently 
closed and will reopen on September 1, 2017. NMFS is updating the 
adjustment of the BFT General category daily retention limit that will 
take effect beginning September 1, 2017, from the recently adopted two 
large medium or giant BFT per vessel per day/trip to one large medium 
or giant BFT per vessel per day/trip. This action is based on updated 
information about the availability of BFT and quota after considering 
the regulatory determination criteria regarding inseason adjustments 
and applies to Atlantic Tunas General category (commercial) permitted 
vessels and Highly Migratory Species (HMS) Charter/Headboat category 
permitted vessels when fishing commercially for BFT.

DATES: Effective September 1, 2017, through December 31, 2017.

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

SUPPLEMENTARY INFORMATION: Regulations implemented under the authority 
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by 
persons and vessels subject to U.S. jurisdiction are found at 50 CFR 
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) among the various domestic fishing categories, per the 
allocations established in the 2006 Atlantic Consolidated Highly 
Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) 
(71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006 
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and 
in accordance with implementing regulations. NMFS is required under 
ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with 
a reasonable opportunity to harvest the ICCAT-recommended quota.
    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).

Adjustment of General Category Daily Retention Limit

    The default General category retention limit is one large medium or 
giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or 
greater) per vessel per day/trip (Sec.  635.23(a)(2)).
    Thus far this year, NMFS adjusted the daily retention limit for the 
2017 January subquota period from the default level of one large medium 
or giant BFT to three large medium BFT (81 FR 91873, December 19, 
2016). NMFS closed the January 2017 fishery on March 29 (82 FR 16136, 
April 3, 2017). NMFS adjusted the daily retention limit from the 
default level of one large medium or giant BFT to four large medium or 
giant BFT for the June through August 2017 subquota period (82 FR 
22616, May 17, 2017). Effective August 5, 2017, NMFS reduced the daily 
retention limit from four to two large medium or giant BFT for the 
remainder of 2017, and indicated that, if needed, additional 
adjustments would be published in the Federal Register (82 FR 36689, 
August 7, 2017). Upon determining that the June through August 2017 
subquota of 233.3 mt had been reached, NMFS closed the General category 
fishery for the June through August period effective August 16, 2017 
(82 FR 39047, August 17, 2017).
    Under Sec.  635.23(a)(4), NMFS may increase or decrease the daily 
retention limit of large medium and giant BFT over a range of zero to a 
maximum of five per vessel based on consideration of the relevant 
criteria provided under Sec.  635.27(a)(8). NMFS has considered the 
relevant regulatory determination criteria and their applicability to 
the General category BFT retention limit for the September, October 
through November, and December subquota time periods. These 
considerations include, but are not limited to, the following:
    NMFS considered the catches and catch rates of the General category 
quota to date (including during the summer/fall and winter fisheries in 
the last several years), and the likelihood of closure of that segment 
of the fishery if no adjustment is made (Sec.  635.27(a)(8)(ii) and 
(ix)). NMFS previously considered catch and catch rate information from 
July and August and determined that a two-fish limit was appropriate 
for the remainder of the year. Subsequently, however, a large number of 
landings occurred in a short time period, increasing the overall daily 
catch rates and indicating increased availability of fish on the 
fishing grounds, and participation in the fishery. Through the August 
16, 2017 General category closure date, 2017 General category landings 
were approximately 433 mt, which is 93 and 85 percent of the annual 
base and adjusted 2017 General category quotas, respectively. Landings 
from June 1 through the August 16 closure date were 325.3 mt, 
representing 139 percent of the General category subquota for the June 
1 through August 31 period. NMFS anticipates that commercial-size BFT 
will be readily available to vessels fishing under the General category 
quota. If the catch rates of approximately 6 mt per day under the two-
fish daily limit established in the August 7 Federal Register document 
were to continue when the fishery reopens on September 1, the available 
subquotas for the September, October through November, and December 
could be reached or exceeded quickly, and NMFS would need to close the 
fishery earlier than otherwise would be necessary under a lower limit. 
Thus, while NMFS anticipates that commercial-size bluefin tuna will be 
readily available to vessels fishing

[[Page 41357]]

under the General category quota when the fishery reopens, current 
catch rates indicate a reduction from two fish to one fish is 
warranted.
    Another relevant criterion is the effects of catch rates in one 
area precluding vessels in another area from having a reasonable 
opportunity to harvest a portion of the category's quota (Sec.  
635.27(a)(8)(viii)). NMFS anticipates that 108.38 mt of underharvest of 
the 2016 adjusted U.S. BFT quota will be carried forward to 2017 to the 
Reserve category, in accordance with the regulations, in the coming 
weeks. This increases the likelihood that General category quota will 
remain available through the end of 2017, provided retention limits are 
managed accordingly. Last fall, General category landings were 
relatively high due to a combination of fish availability, favorable 
fishing conditions, and higher daily retention limits (five fish per 
day for June 1 through October 8, four fish effective October 9 through 
October 16, and two fish effective October 17 through November 3). 
Given these conditions, NMFS transferred 125 mt from the Reserve 
category (81 FR 70369, October 12, 2016) and later transferred another 
85 mt (18 mt from the Harpoon category and 67 mt from the Reserve 
category) (81 FR 71639, October 18, 2016). Nevertheless, NMFS had to 
close the 2016 General category fishery effective November 4 to prevent 
further overharvest of the adjusted General category quota. For 2017, 
NMFS again intends to provide General category participants in all 
areas and time periods opportunities to harvest the General category 
quota without exceeding it, through active inseason management such as 
retention limit adjustments and/or the timing and amount of quota 
transfers (based on consideration of the determination criteria 
regarding inseason adjustments), while extending the season as long as 
practicable.
    Regarding the usefulness of information obtained from catches in 
the particular category for biological sampling and monitoring of the 
status of the stock (Sec.  635.27(a)(8)(i)), biological samples 
collected from BFT landed by General category fishermen and provided by 
BFT dealers continue to provide NMFS with valuable data for ongoing 
scientific studies of BFT age and growth, migration, and reproductive 
status. Prolonged opportunities to land BFT over the longest time-
period allowable would support the collection of a broad range of data 
for these studies and for stock monitoring purposes.
    NMFS also considered the effects of the adjustment on BFT 
rebuilding and overfishing and the effects of the adjustment on 
accomplishing the objectives of the FMP (Sec.  635.27(a)(8)(v) and 
(vi)). The adjusted retention limit would be consistent with the quotas 
established and analyzed in the BFT quota final rule (80 FR 52198, 
August 28, 2015), and with objectives of the 2006 Consolidated HMS FMP 
and amendments, and is not expected to negatively impact stock health 
or to affect the stock in ways not already analyzed in those documents. 
It is also important that NMFS limit landings to the subquotas both to 
adhere to the FMP quota allocations and to ensure that landings are as 
consistent as possible with the pattern of fishing mortality (e.g., 
fish caught at each age) that was assumed in the projections of stock 
rebuilding.
    Another principal consideration in setting the retention limit is 
the objective of providing opportunities to harvest the full General 
category quota without exceeding it based on the goals of the 2006 
Consolidated HMS FMP and amendments, including to achieve optimum yield 
on a continuing basis and to optimize the ability of all permit 
categories to harvest their full BFT quota allocations (related to 
Sec.  635.27(a)(8)(x)).
    Based on these considerations, NMFS has determined that a one-fish 
General category retention limit is warranted for the remainder of the 
year. It would provide a reasonable opportunity to harvest the U.S. 
quota of BFT without exceeding it, while maintaining an equitable 
distribution of fishing opportunities, help optimize the ability of the 
General category to harvest its available quota, allow collection of a 
broad range of data for stock monitoring purposes, and be consistent 
with the objectives of the 2006 Consolidated HMS FMP and amendments. 
Therefore, NMFS adjusts the General category retention limit from two 
to one large medium or giant BFT per vessel per day/trip, effective 
when the General category fishery reopens on September 1, 2017, through 
December 31, 2017. Depending on the level of fishing effort and catch 
rates of BFT, NMFS may determine that additional adjustments are 
necessary to ensure available quota is not exceeded or to enhance 
scientific data collection from, and fishing opportunities in, all 
geographic areas.
    Regardless of the duration of a fishing trip, no more than a single 
day's retention limit may be possessed, retained, or landed. For 
example (and specific to the limit that will apply beginning September 
1, 2017), whether a vessel fishing under the General category limit 
takes a two-day trip or makes two trips in one day, the daily limit of 
one fish may not be exceeded upon landing. This General category 
retention limit is effective in all areas, except for the Gulf of 
Mexico, where NMFS prohibits targeting fishing for BFT, and applies to 
those vessels permitted in the General category, as well as to those 
HMS Charter/Headboat permitted vessels fishing commercially for BFT.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Dealers are 
required to submit landing reports within 24 hours of a dealer 
receiving BFT. General and HMS Charter/Headboat 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. If needed, 
subsequent adjustments will be published in the Federal Register. In 
addition, fishermen may call the Atlantic Tunas Information Line at 
(978) 281-9260, or access hmspermits.noaa.gov, for updates on quota 
monitoring and inseason adjustments.

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:
    Prior notice and an opportunity for public comment is impracticable 
because the regulations implementing the 2006 Consolidated HMS FMP, as 
amended, intended that inseason retention limit adjustments would allow 
the agency to respond quickly 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. Based on 
available BFT quotas, fishery performance in recent years, and the 
availability of BFT on the fishing grounds, adjustment to the General 
category BFT daily retention limit from the default level is warranted.
    Delays in adjusting the retention limit may result in the available 
quota being reached or exceeded and NMFS needing to close the fishery 
earlier than otherwise would be necessary under a lower limit. Such 
delays could adversely affect those General and HMS Charter/Headboat 
category vessels that would otherwise have an opportunity to harvest 
BFT if the fishery were to remain open for as long as feasible 
throughout the remaining subquota

[[Page 41358]]

periods. Limited opportunities to harvest the respective quotas may 
have negative social and economic impacts for U.S. fishermen that 
depend upon catching the available quota within the time periods 
designated in the 2006 Consolidated HMS FMP, as amended. Adjustment of 
the retention limit needs to be effective September 1, 2017, to extend 
fishing opportunities for fishermen in all geographic areas, consistent 
with objectives of the 2006 Consolidated HMS FMP and provide equitable 
opportunities.
    Prior notice and an opportunity for public comment is also 
impracticable for the retention limit adjustment to one fish for the 
September and subsequent subquota periods. By adopting the one-fish 
limit for the remainder of the year through this action, NMFS avoids 
confusion that would arise for the regulated community from two 
inseason actions adopting the same limit. Therefore, the AA finds good 
cause under 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment. For these reasons, there is good cause 
under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
    This action is being taken under Sec.  635.23(a)(4), and is exempt 
from review under Executive Order 12866.

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

    Dated: August 28, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-18493 Filed 8-28-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                             41356            Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations

                                             DEPARTMENT OF COMMERCE                                  October 2, 2006), as amended by                       if needed, additional adjustments would
                                                                                                     Amendment 7 to the 2006 Consolidated                  be published in the Federal Register (82
                                             National Oceanic and Atmospheric                        HMS FMP (Amendment 7) (79 FR                          FR 36689, August 7, 2017). Upon
                                             Administration                                          71510, December 2, 2014), and in                      determining that the June through
                                                                                                     accordance with implementing                          August 2017 subquota of 233.3 mt had
                                             50 CFR Part 635                                         regulations. NMFS is required under                   been reached, NMFS closed the General
                                                                                                     ATCA and the Magnuson-Stevens Act to                  category fishery for the June through
                                             [Docket No. 150121066–5717–02]
                                                                                                     provide U.S. fishing vessels with a                   August period effective August 16, 2017
                                             RIN 0648–XF634                                          reasonable opportunity to harvest the                 (82 FR 39047, August 17, 2017).
                                                                                                     ICCAT-recommended quota.                                 Under § 635.23(a)(4), NMFS may
                                             Atlantic Highly Migratory Species;                         The base quota for the General                     increase or decrease the daily retention
                                             Atlantic Bluefin Tuna Fisheries                         category is 466.7 mt. See § 635.27(a).                limit of large medium and giant BFT
                                                                                                     Each of the General category time                     over a range of zero to a maximum of
                                             AGENCY:  National Marine Fisheries                      periods (January, June through August,                five per vessel based on consideration of
                                             Service (NMFS), National Oceanic and                    September, October through November,                  the relevant criteria provided under
                                             Atmospheric Administration (NOAA),                      and December) is allocated a                          § 635.27(a)(8). NMFS has considered the
                                             Commerce.                                               ‘‘subquota’’ or portion of the annual                 relevant regulatory determination
                                             ACTION: Temporary rule; inseason                        General category quota. Although it is                criteria and their applicability to the
                                             General category retention limit                        called the ‘‘January’’ subquota, the                  General category BFT retention limit for
                                             adjustment.                                             regulations allow the General category                the September, October through
                                                                                                     fishery under this quota to continue                  November, and December subquota time
                                             SUMMARY:   The Atlantic bluefin tuna                    until the subquota is reached or March                periods. These considerations include,
                                             (BFT) General category is currently                     31, whichever comes first. The                        but are not limited to, the following:
                                             closed and will reopen on September 1,                  subquotas for each time period are as                    NMFS considered the catches and
                                             2017. NMFS is updating the adjustment                   follows: 24.7 mt for January; 233.3 mt                catch rates of the General category quota
                                             of the BFT General category daily                       for June through August; 123.7 mt for                 to date (including during the summer/
                                             retention limit that will take effect                   September; 60.7 mt for October through                fall and winter fisheries in the last
                                             beginning September 1, 2017, from the                   November; and 24.3 mt for December.                   several years), and the likelihood of
                                             recently adopted two large medium or                    Any unused General category quota                     closure of that segment of the fishery if
                                             giant BFT per vessel per day/trip to one                rolls forward within the fishing year,                no adjustment is made (§ 635.27(a)(8)(ii)
                                             large medium or giant BFT per vessel                    which coincides with the calendar year,               and (ix)). NMFS previously considered
                                             per day/trip. This action is based on                   from one time period to the next, and                 catch and catch rate information from
                                             updated information about the                           is available for use in subsequent time               July and August and determined that a
                                             availability of BFT and quota after                     periods. On December 19, 2016, NMFS                   two-fish limit was appropriate for the
                                             considering the regulatory                              published an inseason action                          remainder of the year. Subsequently,
                                             determination criteria regarding                        transferring 16.3 mt of BFT quota from                however, a large number of landings
                                             inseason adjustments and applies to                     the December 2017 subquota to the                     occurred in a short time period,
                                             Atlantic Tunas General category                         January 2017 subquota period (81 FR                   increasing the overall daily catch rates
                                             (commercial) permitted vessels and                      91873). For 2017, NMFS also transferred               and indicating increased availability of
                                             Highly Migratory Species (HMS)                          40 mt from the Reserve to the General                 fish on the fishing grounds, and
                                             Charter/Headboat category permitted                     category effective March 2, resulting in              participation in the fishery. Through the
                                             vessels when fishing commercially for                   an adjusted General category quota of                 August 16, 2017 General category
                                             BFT.                                                    506.7 mt (82 FR 12747, March 7, 2017).                closure date, 2017 General category
                                             DATES:  Effective September 1, 2017,                                                                          landings were approximately 433 mt,
                                                                                                     Adjustment of General Category Daily                  which is 93 and 85 percent of the
                                             through December 31, 2017.                              Retention Limit                                       annual base and adjusted 2017 General
                                             FOR FURTHER INFORMATION CONTACT:                          The default General category retention              category quotas, respectively. Landings
                                             Sarah McLaughlin or Brad McHale,                        limit is one large medium or giant BFT                from June 1 through the August 16
                                             978–281–9260.                                           (measuring 73 inches (185 cm) curved                  closure date were 325.3 mt, representing
                                             SUPPLEMENTARY INFORMATION:                              fork length (CFL) or greater) per vessel              139 percent of the General category
                                             Regulations implemented under the                       per day/trip (§ 635.23(a)(2)).                        subquota for the June 1 through August
                                             authority of the Atlantic Tunas                           Thus far this year, NMFS adjusted the               31 period. NMFS anticipates that
                                             Convention Act (ATCA; 16 U.S.C. 971 et                  daily retention limit for the 2017                    commercial-size BFT will be readily
                                             seq.) and the Magnuson-Stevens Fishery                  January subquota period from the                      available to vessels fishing under the
                                             Conservation and Management Act                         default level of one large medium or                  General category quota. If the catch rates
                                             (Magnuson-Stevens Act; 16 U.S.C. 1801                   giant BFT to three large medium BFT                   of approximately 6 mt per day under the
                                             et seq.) governing the harvest of BFT by                (81 FR 91873, December 19, 2016).                     two-fish daily limit established in the
                                             persons and vessels subject to U.S.                     NMFS closed the January 2017 fishery                  August 7 Federal Register document
                                             jurisdiction are found at 50 CFR part                   on March 29 (82 FR 16136, April 3,                    were to continue when the fishery
                                             635. Section 635.27 subdivides the U.S.                 2017). NMFS adjusted the daily                        reopens on September 1, the available
                                             BFT quota recommended by the                            retention limit from the default level of             subquotas for the September, October
                                             International Commission for the                        one large medium or giant BFT to four                 through November, and December could
nlaroche on DSKBBV9HB2PROD with RULES




                                             Conservation of Atlantic Tunas (ICCAT)                  large medium or giant BFT for the June                be reached or exceeded quickly, and
                                             among the various domestic fishing                      through August 2017 subquota period                   NMFS would need to close the fishery
                                             categories, per the allocations                         (82 FR 22616, May 17, 2017). Effective                earlier than otherwise would be
                                             established in the 2006 Atlantic                        August 5, 2017, NMFS reduced the                      necessary under a lower limit. Thus,
                                             Consolidated Highly Migratory Species                   daily retention limit from four to two                while NMFS anticipates that
                                             Fishery Management Plan (2006                           large medium or giant BFT for the                     commercial-size bluefin tuna will be
                                             Consolidated HMS FMP) (71 FR 58058,                     remainder of 2017, and indicated that,                readily available to vessels fishing


                                        VerDate Sep<11>2014   15:11 Aug 30, 2017   Jkt 241001   PO 00000   Frm 00036   Fmt 4700   Sfmt 4700   E:\FR\FM\31AUR1.SGM   31AUR1


                                                              Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations                                         41357

                                             under the General category quota when                   overfishing and the effects of the                    makes two trips in one day, the daily
                                             the fishery reopens, current catch rates                adjustment on accomplishing the                       limit of one fish may not be exceeded
                                             indicate a reduction from two fish to                   objectives of the FMP (§ 635.27(a)(8)(v)              upon landing. This General category
                                             one fish is warranted.                                  and (vi)). The adjusted retention limit               retention limit is effective in all areas,
                                                Another relevant criterion is the                    would be consistent with the quotas                   except for the Gulf of Mexico, where
                                             effects of catch rates in one area                      established and analyzed in the BFT                   NMFS prohibits targeting fishing for
                                             precluding vessels in another area from                 quota final rule (80 FR 52198, August                 BFT, and applies to those vessels
                                             having a reasonable opportunity to                      28, 2015), and with objectives of the                 permitted in the General category, as
                                             harvest a portion of the category’s quota               2006 Consolidated HMS FMP and                         well as to those HMS Charter/Headboat
                                             (§ 635.27(a)(8)(viii)). NMFS anticipates                amendments, and is not expected to                    permitted vessels fishing commercially
                                             that 108.38 mt of underharvest of the                   negatively impact stock health or to                  for BFT.
                                             2016 adjusted U.S. BFT quota will be                    affect the stock in ways not already
                                             carried forward to 2017 to the Reserve                                                                        Monitoring and Reporting
                                                                                                     analyzed in those documents. It is also
                                             category, in accordance with the                        important that NMFS limit landings to                   NMFS will continue to monitor the
                                             regulations, in the coming weeks. This                  the subquotas both to adhere to the FMP               BFT fishery closely. Dealers are required
                                             increases the likelihood that General                   quota allocations and to ensure that                  to submit landing reports within 24
                                             category quota will remain available                    landings are as consistent as possible                hours of a dealer receiving BFT. General
                                             through the end of 2017, provided                       with the pattern of fishing mortality                 and HMS Charter/Headboat category
                                             retention limits are managed                            (e.g., fish caught at each age) that was              vessel owners are required to report the
                                             accordingly. Last fall, General category                assumed in the projections of stock                   catch of all BFT retained or discarded
                                             landings were relatively high due to a                  rebuilding.                                           dead, within 24 hours of the landing(s)
                                             combination of fish availability,                          Another principal consideration in                 or end of each trip, by accessing
                                             favorable fishing conditions, and higher                setting the retention limit is the                    hmspermits.noaa.gov or by using the
                                             daily retention limits (five fish per day               objective of providing opportunities to               HMS Catch Reporting App. If needed,
                                             for June 1 through October 8, four fish                 harvest the full General category quota               subsequent adjustments will be
                                             effective October 9 through October 16,                 without exceeding it based on the goals               published in the Federal Register. In
                                             and two fish effective October 17                       of the 2006 Consolidated HMS FMP and                  addition, fishermen may call the
                                             through November 3). Given these                        amendments, including to achieve                      Atlantic Tunas Information Line at (978)
                                             conditions, NMFS transferred 125 mt                     optimum yield on a continuing basis                   281–9260, or access
                                             from the Reserve category (81 FR 70369,                 and to optimize the ability of all permit             hmspermits.noaa.gov, for updates on
                                             October 12, 2016) and later transferred                 categories to harvest their full BFT                  quota monitoring and inseason
                                             another 85 mt (18 mt from the Harpoon                   quota allocations (related to                         adjustments.
                                             category and 67 mt from the Reserve                     § 635.27(a)(8)(x)).                                   Classification
                                             category) (81 FR 71639, October 18,                        Based on these considerations, NMFS
                                             2016). Nevertheless, NMFS had to close                  has determined that a one-fish General                  The Assistant Administrator for
                                             the 2016 General category fishery                       category retention limit is warranted for             NMFS (AA) finds that it is impracticable
                                             effective November 4 to prevent further                 the remainder of the year. It would                   and contrary to the public interest to
                                             overharvest of the adjusted General                     provide a reasonable opportunity to                   provide prior notice of, and an
                                             category quota. For 2017, NMFS again                    harvest the U.S. quota of BFT without                 opportunity for public comment on, this
                                             intends to provide General category                     exceeding it, while maintaining an                    action for the following reasons:
                                             participants in all areas and time                      equitable distribution of fishing                       Prior notice and an opportunity for
                                             periods opportunities to harvest the                    opportunities, help optimize the ability              public comment is impracticable
                                             General category quota without                          of the General category to harvest its                because the regulations implementing
                                             exceeding it, through active inseason                   available quota, allow collection of a                the 2006 Consolidated HMS FMP, as
                                             management such as retention limit                      broad range of data for stock monitoring              amended, intended that inseason
                                             adjustments and/or the timing and                       purposes, and be consistent with the                  retention limit adjustments would allow
                                             amount of quota transfers (based on                     objectives of the 2006 Consolidated                   the agency to respond quickly to the
                                             consideration of the determination                      HMS FMP and amendments. Therefore,                    unpredictable nature of BFT availability
                                             criteria regarding inseason adjustments),               NMFS adjusts the General category                     on the fishing grounds, the migratory
                                             while extending the season as long as                   retention limit from two to one large                 nature of this species, and the regional
                                             practicable.                                            medium or giant BFT per vessel per                    variations in the BFT fishery. Based on
                                                Regarding the usefulness of                          day/trip, effective when the General                  available BFT quotas, fishery
                                             information obtained from catches in                    category fishery reopens on September                 performance in recent years, and the
                                             the particular category for biological                  1, 2017, through December 31, 2017.                   availability of BFT on the fishing
                                             sampling and monitoring of the status of                Depending on the level of fishing effort              grounds, adjustment to the General
                                             the stock (§ 635.27(a)(8)(i)), biological               and catch rates of BFT, NMFS may                      category BFT daily retention limit from
                                             samples collected from BFT landed by                    determine that additional adjustments                 the default level is warranted.
                                             General category fishermen and                          are necessary to ensure available quota                 Delays in adjusting the retention limit
                                             provided by BFT dealers continue to                     is not exceeded or to enhance scientific              may result in the available quota being
                                             provide NMFS with valuable data for                     data collection from, and fishing                     reached or exceeded and NMFS needing
                                             ongoing scientific studies of BFT age                   opportunities in, all geographic areas.               to close the fishery earlier than
                                             and growth, migration, and reproductive                    Regardless of the duration of a fishing            otherwise would be necessary under a
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                                             status. Prolonged opportunities to land                 trip, no more than a single day’s                     lower limit. Such delays could
                                             BFT over the longest time-period                        retention limit may be possessed,                     adversely affect those General and HMS
                                             allowable would support the collection                  retained, or landed. For example (and                 Charter/Headboat category vessels that
                                             of a broad range of data for these studies              specific to the limit that will apply                 would otherwise have an opportunity to
                                             and for stock monitoring purposes.                      beginning September 1, 2017), whether                 harvest BFT if the fishery were to
                                                NMFS also considered the effects of                  a vessel fishing under the General                    remain open for as long as feasible
                                             the adjustment on BFT rebuilding and                    category limit takes a two-day trip or                throughout the remaining subquota


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                                             41358            Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations

                                             periods. Limited opportunities to                       DEPARTMENT OF COMMERCE                                specifications for groundfish in the
                                             harvest the respective quotas may have                                                                        BSAI (82 FR 11826, February 27, 2017).
                                             negative social and economic impacts                    National Oceanic and Atmospheric                        In accordance with § 679.20(d)(1)(iii),
                                             for U.S. fishermen that depend upon                     Administration                                        the Regional Administrator finds that
                                             catching the available quota within the                                                                       this directed fishing allowance has been
                                             time periods designated in the 2006                     50 CFR Part 679                                       reached. Consequently, NMFS is
                                             Consolidated HMS FMP, as amended.                       [Docket No. 161020985–7181–02]                        prohibiting directed fishing for Pacific
                                             Adjustment of the retention limit needs                                                                       ocean perch in the CAI by vessels
                                                                                                     RIN 0648–XF656                                        participating in the BSAI trawl limited
                                             to be effective September 1, 2017, to
                                             extend fishing opportunities for                                                                              access fishery.
                                                                                                     Fisheries of the Exclusive Economic
                                             fishermen in all geographic areas,                      Zone Off Alaska; Pacific Ocean Perch                    After the effective dates of this
                                             consistent with objectives of the 2006                  in the Bering Sea and Aleutian Islands                closure, the maximum retainable
                                             Consolidated HMS FMP and provide                        Management Area                                       amounts at § 679.20(e) and (f) apply at
                                             equitable opportunities.                                                                                      any time during a trip.
                                                                                                     AGENCY:  National Marine Fisheries
                                                Prior notice and an opportunity for                  Service (NMFS), National Oceanic and                  Classification
                                             public comment is also impracticable                    Atmospheric Administration (NOAA),                       This action responds to the best
                                             for the retention limit adjustment to one               Commerce.                                             available information recently obtained
                                             fish for the September and subsequent                   ACTION: Temporary rule; closure.                      from the fishery. The Assistant
                                             subquota periods. By adopting the one-                                                                        Administrator for Fisheries, NOAA,
                                             fish limit for the remainder of the year                SUMMARY:   NMFS is prohibiting directed               (AA) finds good cause to waive the
                                             through this action, NMFS avoids                        fishing for Pacific ocean perch in the                requirement to provide prior notice and
                                             confusion that would arise for the                      Central Aleutian district (CAI) of the                opportunity for public comment
                                             regulated community from two inseason                   Bering Sea and Aleutian Islands                       pursuant to the authority set forth at 5
                                             actions adopting the same limit.                        management area (BSAI) by vessels                     U.S.C. 553(b)(B) as such a requirement
                                                                                                     participating in the BSAI trawl limited               is impracticable and contrary to the
                                             Therefore, the AA finds good cause
                                                                                                     access fishery. This action is necessary              public interest. This requirement is
                                             under 5 U.S.C. 553(b)(B) to waive prior
                                                                                                     to prevent exceeding the 2017 total                   impracticable and contrary to the public
                                             notice and the opportunity for public
                                                                                                     allowable catch (TAC) of Pacific ocean                interest as it would prevent NMFS from
                                             comment. For these reasons, there is                    perch in the CAI allocated to vessels
                                             good cause under 5 U.S.C. 553(d) to                                                                           responding to the most recent fisheries
                                                                                                     participating in the BSAI trawl limited               data in a timely fashion and would
                                             waive the 30-day delay in effectiveness.                access fishery.                                       delay the closure of the Pacific ocean
                                                This action is being taken under                     DATES: Effective 1200 hrs, Alaska local               perch directed fishery in the CAI for
                                             § 635.23(a)(4), and is exempt from                      time (A.l.t.), August 28, 2017, through               vessels participating in the BSAI trawl
                                             review under Executive Order 12866.                     2400 hrs, A.l.t., December 31, 2017.                  limited access fishery. NMFS was
                                                Authority: 16 U.S.C. 971 et seq. and 1801            FOR FURTHER INFORMATION CONTACT:                      unable to publish a document providing
                                             et seq.                                                 Steve Whitney, 907–586–7228.                          time for public comment because the
                                                                                                     SUPPLEMENTARY INFORMATION: NMFS                       most recent, relevant data only became
                                               Dated: August 28, 2017.
                                                                                                     manages the groundfish fishery in the                 available as of August 25, 2017. The
                                             Alan D. Risenhoover,                                    BSAI exclusive economic zone                          Acting AA also finds good cause to
                                             Director, Office of Sustainable Fisheries,              according to the Fishery Management                   waive the 30-day delay in the effective
                                             National Marine Fisheries Service.                      Plan for Groundfish of the Bering Sea                 date of this action under 5 U.S.C.
                                             [FR Doc. 2017–18493 Filed 8–28–17; 4:15 pm]             and Aleutian Islands Management Area                  553(d)(3). This finding is based upon
                                             BILLING CODE 3510–22–P                                  (FMP) prepared by the North Pacific                   the reasons provided above for waiver of
                                                                                                     Fishery Management Council under                      prior notice and opportunity for public
                                                                                                     authority of the Magnuson-Stevens                     comment.
                                                                                                     Fishery Conservation and Management                      This action is required by § 679.20
                                                                                                     Act. Regulations governing fishing by                 and is exempt from review under
                                                                                                     U.S. vessels in accordance with the FMP               Executive Order 12866.
                                                                                                     appear at subpart H of 50 CFR part 600                  Authority: 16 U.S.C. 1801 et seq.
                                                                                                     and 50 CFR part 679.
                                                                                                        The 2017 TAC of Pacific ocean perch,                 Dated: August 28, 2017.
                                                                                                     in the CAI, allocated to vessels                      Alan D. Risenhoover,
                                                                                                     participating in the BSAI trawl limited               Director, Office of Sustainable Fisheries,
                                                                                                     access fishery was established as a                   National Marine Fisheries Service.
                                                                                                     directed fishing allowance of 619 metric              [FR Doc. 2017–18496 Filed 8–28–17; 4:15 pm]
                                                                                                     tons by the final 2017 and 2018 harvest               BILLING CODE 3510–22–P
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Document Created: 2017-09-23 10:08:30
Document Modified: 2017-09-23 10:08:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; inseason General category retention limit adjustment.
DatesEffective September 1, 2017, through December 31, 2017.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation82 FR 41356 
RIN Number0648-XF63

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