82_FR_43890 82 FR 43710 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

82 FR 43710 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 180 (September 19, 2017)

Page Range43710-43711
FR Document2017-19914

NMFS announces that the 25-mt quota available for Atlantic bluefin tuna bycatch (including landings and dead discards) by the Longline category in the Northeast Distant gear restricted area (NED) was filled on September 12, 2017. NMFS informs vessels fishing in the NED that they now must account for any bluefin tuna bycatch retained or discarded dead using Individual Bluefin Quota (IBQ) allocation available to the vessel.

Federal Register, Volume 82 Issue 180 (Tuesday, September 19, 2017)
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Rules and Regulations]
[Pages 43710-43711]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-19914]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

RIN 0648-XF700


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Notification that the Northeast Distant Area (NED) quota is 
filled and Atlantic Tunas Longline Category Individual Bluefin Quota 
(IBQ) accounting rules now apply in the NED.

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SUMMARY: NMFS announces that the 25-mt quota available for Atlantic 
bluefin tuna bycatch (including landings and dead discards) by the 
Longline category in the Northeast Distant gear restricted

[[Page 43711]]

area (NED) was filled on September 12, 2017. NMFS informs vessels 
fishing in the NED that they now must account for any bluefin tuna 
bycatch retained or discarded dead using Individual Bluefin Quota (IBQ) 
allocation available to the vessel.

DATES: This notification is valid from September 12, 2017 to December 
31, 2017.

FOR FURTHER INFORMATION CONTACT: Tom Warren 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 bluefin 
tuna by persons and vessels subject to U.S. jurisdiction are found at 
50 CFR part 635. Section 635.27 subdivides the U.S. bluefin tuna quota 
recommended by the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) among the various domestic fishing categories 
per the allocations established in the 2006 Consolidated 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).
    The total U.S. bluefin tuna annual quota from ICCAT includes, as in 
previous years, a 25-mt set-aside for bluefin tuna bycatch related to 
pelagic longline fisheries operating in the vicinity of the ICCAT 
management area boundary. See ICCAT Recommendation 14-05 and 80 FR 
52198 (August 28, 2015) (implementing the quota domestically). For 
management and monitoring purposes, NMFS implements this set-aside in 
the NED as quota available to Atlantic Tunas Longline category 
permitted vessels. Longline is not a permitted gear for directed 
fishing on bluefin tuna; any catch must be incidental to fishing for 
other species. Accounting for this bycatch includes all catch (landings 
and dead discards). The NED is defined as the Atlantic Ocean area 
bounded by straight lines connecting the following coordinates in the 
order stated: 35[deg]00' N. lat., 60[deg]00' W. long.; 55[deg]00' N. 
lat., 60[deg]00' W. long.; 55[deg]00' N. lat., 20[deg]00' W. long.; 
35[deg]00' N. lat., 20[deg]00' W. long.; 35[deg]00' N. lat., 60[deg]00' 
W. long.

The IBQ Program and the Northeast Distant Area (NED)

    Under Amendment 7, rules were implemented for Atlantic Tunas 
Longline category permitted vessels fishing in the NED. See 50 CFR 
635.15(b)(8). Any bluefin tuna bycatch by permitted vessels fishing 
with pelagic longline gear in the NED count toward the ICCAT-allocated 
separate NED quota (25 mt) until that quota has been filled. Prior to 
the NED quota being filled, the bluefin tuna accounting requirements of 
the IBQ Program do not apply to those vessels, under the provisions 
adopted in Amendment 7. Once the NED quota is filled, Atlantic Tunas 
Longline category permitted vessels may fish or continue to fish in the 
NED, but these vessels must then abide by the applicable requirements 
of the IBQ program, which requires individual vessel accounting for 
bluefin tuna bycatch using IBQ allocation available to the vessel 
(either through its own quota share or leasing allocation from another 
vessel). Bluefin tuna must be accounted for as described at Sec.  
635.15(b)(4) and (5).
    Based on Atlantic bluefin tuna dealer data and IBQ system data, as 
of September 12, 2017, 40,763 lb (18.5 mt) of bluefin tuna has been 
landed, and 254 lb (0.1 mt) of bluefin tuna has been discarded dead in 
the NED; an additional 21 bluefin tuna have been reported as retained 
through Vessel Monitoring System (VMS) bluefin tuna catch reports. 
These 21 retained bluefin tuna reported via VMS equate to approximately 
13,230 lb (6.0 mt) of catch (based on the average weight of recently 
landed bluefin from the NED), which brings the total estimated bluefin 
tuna catch from the NED to 54,247 lb (24.6 mt). Based on these data, 
NMFS has determined that the 25 mt set-aside has been filled as of 
September 12, 2017.
    Because the NED quota has been caught, vessels are notified that 
they must account for any bycatch of bluefin tuna (landings and/or dead 
discards) in the NED using IBQ allocation as specified in the 
regulations. Sec.  635.15(b)(8). NMFS has determined that the NED quota 
of 25 mt was attained as of September 12, 2017. Thus, the IBQ online 
system will start accounting for bluefin tuna bycatch from the NED 
utilizing IBQ as of that date.
    NMFS will continue to monitor bluefin tuna bycatch by vessels 
fishing with pelagic longline gear using VMS and dealer data, as well 
as monitor the accounting for such catch in the IBQ system, to ensure 
that vessels are accountable for their individual bluefin bycatch and 
that quotas are managed consistent with the 2006 Consolidated HMS FMP 
and U.S. international quota obligations. For fishery updates, 
fishermen may call the Atlantic Tunas Information Line at (888) 872-
8862 or (978) 281-9260, access the following internet address: 
www.hmspermits.noaa.gov.

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

    Dated: September 14, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-19914 Filed 9-14-17; 4:15 pm]
 BILLING CODE 3510-22-P



                                                  43710               Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations

                                                  Flexibility Act are not applicable to the                              List of Subjects                                                PART 223—THREATENED MARINE
                                                  listing process.                                                                                                                       AND ANADROMOUS SPECIES
                                                                                                                         50 CFR Part 223
                                                     In addition, this rule is exempt from
                                                                                                                           Endangered and threatened species,                            ■ 1. The authority citation for part 223
                                                  review under Executive Order 12866.
                                                                                                                         Exports, Transportation.                                        continues to read as follows:
                                                  Paperwork Reduction Act                                                                                                                   Authority: 16 U.S.C. 1531–1543; subpart
                                                                                                                         50 CFR Part 224                                                 B, §§ 223.201–202 also issued under 16
                                                    This final rule does not contain a                                                                                                   U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for
                                                  collection-of-information requirement                                    Endangered and threatened species,                            § 223.206(d)(9).
                                                  for the purposes of the Paperwork                                      Exports, Imports, Transportation.
                                                                                                                                                                                         ■ 2. In § 223.102, amend the table in
                                                  Reduction Act.                                                           Dated: September 14, 2017.                                    paragraph (e) by adding a new entry
                                                  Executive Order 13132, Federalism                                      Samuel D. Rauch, III,                                           under ‘‘Marine Mammals’’ in
                                                                                                                         Deputy Assistant Administrator for                              alphabetical order, by common name, to
                                                    In accordance with E.O. 13132, we                                    Regulatory Programs, National Marine                            read as follows:
                                                  determined that this final rule does not                               Fisheries Service.
                                                  have significant federalism effects and                                                                                                § 223.102 Enumeration of threatened
                                                                                                                           For the reasons set out in the                                marine and anadromous species.
                                                  that a federalism assessment is not
                                                  required.                                                              preamble, 50 CFR parts 223 and 224 are                          *       *    *       *       *
                                                                                                                         amended as follows:                                                 (e) * * *
                                                                                                             Species 1                                                              Citation(s) for listing       Critical        ESA rules
                                                                                                                                                                                      determination(s)            habitat
                                                          Common name                                      Scientific name                    Description of listed entity

                                                                                                                                             Marine Mammals

                                                  Dolphin, Hector’s .................        Cephalorhynchus hectori hectori .............   Entire subspecies ..............   [Insert Federal Register                     NA           NA
                                                                                                                                                                                   page where the docu-
                                                                                                                                                                                   ment begins], September
                                                                                                                                                                                   19, 2017.

                                                                          *                            *                      *                       *                         *                      *                     *
                                                      1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and
                                                  evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).


                                                  *        *        *         *          *                                 Authority: 16 U.S.C. 1531–1543 and 16                         alphabetical order, by common name, to
                                                                                                                         U.S.C. 1361 et seq.                                             read as follows:
                                                  PART 224—ENDANGERED MARINE
                                                  AND ANADROMOUS SPECIES                                                 ■ 4. In § 224.101, amend the table in                           § 224.101 Enumeration of endangered
                                                                                                                         paragraph (h) by adding a new entry                             marine and anadromous species.
                                                  ■ 3. The authority citation for part 224                               under ‘‘Marine Mammals’’ in                                     *       *    *       *       *
                                                  continues to read as follows:                                                                                                              (h) * * *
                                                                                                             Species 1                                                              Citation(s) for listing       Critical        ESA rules
                                                                                                                                                                                      determination(s)            habitat
                                                          Common name                                      Scientific name                    Description of listed entity

                                                                                                                                             Marine Mammals


                                                                        *                             *                  *                           *                        *                   *                          *
                                                  Dolphin, Maui ......................       Cephalorhynchus hectori maui ................   Entire subspecies .............. [Insert Federal Register                       NA           NA
                                                                                                                                                                                 page where the docu-
                                                                                                                                                                                 ment begins], September
                                                                                                                                                                                 19, 2017.

                                                                          *                            *                      *                       *                         *                      *                     *
                                                      1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and
                                                  evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).


                                                  *        *        *         *          *                               DEPARTMENT OF COMMERCE                                          Atmospheric Administration (NOAA),
                                                  [FR Doc. 2017–19903 Filed 9–18–17; 8:45 am]                                                                                            Commerce.
                                                  BILLING CODE 3510–22–P                                                 National Oceanic and Atmospheric                                ACTION: Notification that the Northeast
                                                                                                                         Administration                                                  Distant Area (NED) quota is filled and
                                                                                                                                                                                         Atlantic Tunas Longline Category
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                                         50 CFR Part 635                                                 Individual Bluefin Quota (IBQ)
                                                                                                                         RIN 0648–XF700
                                                                                                                                                                                         accounting rules now apply in the NED.

                                                                                                                         Atlantic Highly Migratory Species;                              SUMMARY:  NMFS announces that the 25-
                                                                                                                         Atlantic Bluefin Tuna Fisheries                                 mt quota available for Atlantic bluefin
                                                                                                                                                                                         tuna bycatch (including landings and
                                                                                                                         AGENCY:  National Marine Fisheries                              dead discards) by the Longline category
                                                                                                                         Service (NMFS), National Oceanic and                            in the Northeast Distant gear restricted


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                                                                   Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations                                           43711

                                                  area (NED) was filled on September 12,                  Longline category permitted vessels                   fishermen may call the Atlantic Tunas
                                                  2017. NMFS informs vessels fishing in                   fishing in the NED. See 50 CFR                        Information Line at (888) 872–8862 or
                                                  the NED that they now must account for                  635.15(b)(8). Any bluefin tuna bycatch                (978) 281–9260, access the following
                                                  any bluefin tuna bycatch retained or                    by permitted vessels fishing with                     internet address: www.hmspermits.
                                                  discarded dead using Individual Bluefin                 pelagic longline gear in the NED count                noaa.gov.
                                                  Quota (IBQ) allocation available to the                 toward the ICCAT-allocated separate                      Authority: 16 U.S.C. 971 et seq. and 1801
                                                  vessel.                                                 NED quota (25 mt) until that quota has                et seq.
                                                  DATES: This notification is valid from                  been filled. Prior to the NED quota being
                                                                                                                                                                  Dated: September 14, 2017.
                                                  September 12, 2017 to December 31,                      filled, the bluefin tuna accounting
                                                                                                          requirements of the IBQ Program do not                Alan D. Risenhoover,
                                                  2017.
                                                                                                          apply to those vessels, under the                     Director, Office of Sustainable Fisheries,
                                                  FOR FURTHER INFORMATION CONTACT: Tom                                                                          National Marine Fisheries Service.
                                                                                                          provisions adopted in Amendment 7.
                                                  Warren or Brad McHale, 978–281–9260.                                                                          [FR Doc. 2017–19914 Filed 9–14–17; 4:15 pm]
                                                                                                          Once the NED quota is filled, Atlantic
                                                  SUPPLEMENTARY INFORMATION:
                                                                                                          Tunas Longline category permitted                     BILLING CODE 3510–22–P
                                                  Regulations implemented under the                       vessels may fish or continue to fish in
                                                  authority of the Atlantic Tunas                         the NED, but these vessels must then
                                                  Convention Act (ATCA; 16 U.S.C. 971 et                  abide by the applicable requirements of               DEPARTMENT OF COMMERCE
                                                  seq.) and the Magnuson-Stevens Fishery                  the IBQ program, which requires
                                                  Conservation and Management Act                         individual vessel accounting for bluefin              National Oceanic and Atmospheric
                                                  (Magnuson-Stevens Act; 16 U.S.C. 1801                   tuna bycatch using IBQ allocation                     Administration
                                                  et seq.) governing the harvest of bluefin               available to the vessel (either through its
                                                  tuna by persons and vessels subject to                  own quota share or leasing allocation                 50 CFR Part 635
                                                  U.S. jurisdiction are found at 50 CFR                   from another vessel). Bluefin tuna must               [Docket No. 150121066–5717–02]
                                                  part 635. Section 635.27 subdivides the                 be accounted for as described at
                                                  U.S. bluefin tuna quota recommended                                                                           RIN 0648–XF699
                                                                                                          § 635.15(b)(4) and (5).
                                                  by the International Commission for the                    Based on Atlantic bluefin tuna dealer
                                                  Conservation of Atlantic Tunas (ICCAT)                                                                        Atlantic Highly Migratory Species;
                                                                                                          data and IBQ system data, as of                       Atlantic Bluefin Tuna Fisheries
                                                  among the various domestic fishing                      September 12, 2017, 40,763 lb (18.5 mt)
                                                  categories per the allocations                          of bluefin tuna has been landed, and                  AGENCY:  National Marine Fisheries
                                                  established in the 2006 Consolidated                    254 lb (0.1 mt) of bluefin tuna has been              Service (NMFS), National Oceanic and
                                                  Highly Migratory Species Fishery                        discarded dead in the NED; an                         Atmospheric Administration (NOAA),
                                                  Management Plan (2006 Consolidated                      additional 21 bluefin tuna have been                  Commerce.
                                                  HMS FMP) (71 FR 58058, October 2,                       reported as retained through Vessel                   ACTION: Temporary rule; closure of the
                                                  2006), as amended by Amendment 7 to                     Monitoring System (VMS) bluefin tuna                  General category fishery.
                                                  the 2006 Consolidated HMS FMP                           catch reports. These 21 retained bluefin
                                                  (Amendment 7) (79 FR 71510, December                    tuna reported via VMS equate to                       SUMMARY:     NMFS closes the General
                                                  2, 2014).                                               approximately 13,230 lb (6.0 mt) of                   category fishery for large medium and
                                                     The total U.S. bluefin tuna annual                   catch (based on the average weight of                 giant (i.e., measuring 73 inches curved
                                                  quota from ICCAT includes, as in                        recently landed bluefin from the NED),                fork length or greater) Atlantic bluefin
                                                  previous years, a 25-mt set-aside for                   which brings the total estimated bluefin              tuna (BFT) until the General category
                                                  bluefin tuna bycatch related to pelagic                 tuna catch from the NED to 54,247 lb                  reopens on October 1, 2017. This action
                                                  longline fisheries operating in the                     (24.6 mt). Based on these data, NMFS                  is being taken to prevent overharvest of
                                                  vicinity of the ICCAT management area                   has determined that the 25 mt set-aside               the General category September 2017
                                                  boundary. See ICCAT Recommendation                      has been filled as of September 12,                   BFT subquota and help ensure
                                                  14–05 and 80 FR 52198 (August 28,                       2017.                                                 reasonable fishing opportunities in each
                                                  2015) (implementing the quota                              Because the NED quota has been                     of the remaining subquota time periods.
                                                  domestically). For management and                       caught, vessels are notified that they                DATES: Effective 11:30 p.m., local time,
                                                  monitoring purposes, NMFS                               must account for any bycatch of bluefin               September 17, 2017, through September
                                                  implements this set-aside in the NED as                 tuna (landings and/or dead discards) in               30, 2017.
                                                  quota available to Atlantic Tunas                       the NED using IBQ allocation as
                                                                                                          specified in the regulations.                         FOR FURTHER INFORMATION CONTACT:
                                                  Longline category permitted vessels.
                                                  Longline is not a permitted gear for                    § 635.15(b)(8). NMFS has determined                   Sarah McLaughlin or Brad McHale,
                                                  directed fishing on bluefin tuna; any                   that the NED quota of 25 mt was                       978–281–9260.
                                                  catch must be incidental to fishing for                 attained as of September 12, 2017. Thus,              SUPPLEMENTARY INFORMATION:
                                                  other species. Accounting for this                      the IBQ online system will start                      Regulations implemented under the
                                                  bycatch includes all catch (landings and                accounting for bluefin tuna bycatch                   authority of the Atlantic Tunas
                                                  dead discards). The NED is defined as                   from the NED utilizing IBQ as of that                 Convention Act (ATCA; 16 U.S.C. 971 et
                                                  the Atlantic Ocean area bounded by                      date.                                                 seq.) and the Magnuson-Stevens Fishery
                                                  straight lines connecting the following                    NMFS will continue to monitor                      Conservation and Management Act
                                                  coordinates in the order stated: 35°00′                 bluefin tuna bycatch by vessels fishing               (Magnuson-Stevens Act; 16 U.S.C. 1801
                                                  N. lat., 60°00′ W. long.; 55°00′ N. lat.,               with pelagic longline gear using VMS                  et seq.) governing the harvest of BFT by
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  60°00′ W. long.; 55°00′ N. lat., 20°00′ W.              and dealer data, as well as monitor the               persons and vessels subject to U.S.
                                                  long.; 35°00′ N. lat., 20°00′ W. long.;                 accounting for such catch in the IBQ                  jurisdiction are found at 50 CFR part
                                                  35°00′ N. lat., 60°00′ W. long.                         system, to ensure that vessels are                    635. Section 635.27 subdivides the U.S.
                                                                                                          accountable for their individual bluefin              BFT quota recommended by the
                                                  The IBQ Program and the Northeast                       bycatch and that quotas are managed                   International Commission for the
                                                  Distant Area (NED)                                      consistent with the 2006 Consolidated                 Conservation of Atlantic Tunas (ICCAT)
                                                    Under Amendment 7, rules were                         HMS FMP and U.S. international quota                  among the various domestic fishing
                                                  implemented for Atlantic Tunas                          obligations. For fishery updates,                     categories, per the allocations


                                             VerDate Sep<11>2014   16:10 Sep 18, 2017   Jkt 241001   PO 00000   Frm 00045   Fmt 4700   Sfmt 4700   E:\FR\FM\19SER1.SGM   19SER1



Document Created: 2018-10-24 14:17:49
Document Modified: 2018-10-24 14:17:49
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
ActionNotification that the Northeast Distant Area (NED) quota is filled and Atlantic Tunas Longline Category Individual Bluefin Quota (IBQ) accounting rules now apply in the NED.
DatesThis notification is valid from September 12, 2017 to December 31, 2017.
ContactTom Warren or Brad McHale, 978-281- 9260.
FR Citation82 FR 43710 
RIN Number0648-XF70

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