82 FR 43711 - 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)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 180 (September 19, 2017)
| Page Range | 43711-43712 | |
| FR Document | 2017-19867 |
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)] [Rules and Regulations] [Pages 43711-43712] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19867] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XF699 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure of the General category fishery. ----------------------------------------------------------------------- SUMMARY: NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches curved fork length or greater) Atlantic bluefin tuna (BFT) until the General category reopens on October 1, 2017. This action is being taken to prevent overharvest of the General category September 2017 BFT subquota and help ensure reasonable fishing opportunities in each of the remaining subquota time periods. DATES: Effective 11:30 p.m., local time, September 17, 2017, through September 30, 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 [[Page 43712]] established in the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and amendments. NMFS is required, under Sec. 635.28(a)(1), to file a closure notice with the Office of the Federal Register for publication when a BFT quota (or subquota) is reached or is projected to be reached. On and after the effective date and time of such notification, for the remainder of the fishing year or for a specified period as indicated in the notification, retaining, possessing, or landing BFT under that quota category is prohibited until the opening of the subsequent quota period or until such date as specified in the notice. The base quota for the General category is 466.7 mt. See Sec. 635.27(a). Each of the General category time periods (January, June through August, September, October through November, and December) is allocated a ``subquota'' or portion of the annual General category quota. Although it is called the ``January'' subquota, the regulations allow the General category fishery under this quota to continue until the subquota is reached or March 31, whichever comes first. The subquotas for each time period are as follows: 24.7 mt for January; 233.3 mt for June through August; 123.7 mt for September; 60.7 mt for October through November; and 24.3 mt for December. Any unused General category quota rolls forward within the fishing year, which coincides with the calendar year, from one time period to the next, and is available for use in subsequent time periods. On December 19, 2016, NMFS published an inseason action transferring 16.3 mt of BFT quota from the December 2017 subquota to the January 2017 subquota period (81 FR 91873). For 2017, NMFS also transferred 40 mt from the Reserve to the General category effective March 2, resulting in an adjusted General category quota of 506.7 mt (82 FR 12747, March 7, 2017). Based on the best available landings information for the General category BFT fishery (i.e., 81 mt of the available 123.7 mt landed as of September 12, 2017) as well as average catch rates and anticipated fishing conditions, NMFS has determined that the General category September subquota will be reached by September 17, 2017. Therefore, retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the Atlantic tunas General and HMS Charter/ Headboat categories must cease at 11:30 p.m. local time on September 17, 2017. The General category will reopen automatically on October 1, 2017, for the October through November 2017 subperiod and there is additional quota available for December. This action applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels, and is taken consistent with the regulations at Sec. 635.28(a)(1). The intent of this closure is to prevent overharvest of the available General category September BFT subquota and help ensure reasonable fishing opportunities in each of the remaining subquota time periods. Fishermen may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-and-release and tag- and-release programs at Sec. 635.26. All BFT that are released must be handled in a manner that will maximize their survival, and without removing the fish from the water, consistent with requirements at Sec. 635.21(a)(1). For additional information on safe handling, see the ``Careful Catch and Release'' brochure available at www.nmfs.noaa.gov/sfa/hms/. General, HMS Charter/Headboat, Harpoon, and Angling category vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov or by using the HMS Catch Reporting App. Classification The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments and fishery closures to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. These fisheries are currently underway and the quota for the subcategory is projected to be reached shortly. Delaying this action would be contrary to the public interest because the subquota is projected to be reached shortly and any delay could lead to further exceedance, which may result in the need to reduce quota for the General category later in the year and thus could affect later fishing opportunities. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, there also is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. This action is being taken under 50 CFR 635.28(a)(1), and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: September 13, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-19867 Filed 9-14-17; 4:15 pm] BILLING CODE 3510-22-P
![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](https://thefederalregister.org/doc/82_FR_43891/page/1.svg)
![43712 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations
established in the 2006 Consolidated an adjusted General category quota of within 24 hours of the landing(s) or end
Atlantic Highly Migratory Species 506.7 mt (82 FR 12747, March 7, 2017). of each trip, by accessing hmspermits.
Fishery Management Plan (2006 Based on the best available landings noaa.gov or by using the HMS Catch
Consolidated HMS FMP) (71 FR 58058, information for the General category Reporting App.
October 2, 2006) and amendments. BFT fishery (i.e., 81 mt of the available
123.7 mt landed as of September 12, Classification
NMFS is required, under
§ 635.28(a)(1), to file a closure notice 2017) as well as average catch rates and The Assistant Administrator for
with the Office of the Federal Register anticipated fishing conditions, NMFS NMFS (AA) finds that it is impracticable
for publication when a BFT quota (or has determined that the General and contrary to the public interest to
subquota) is reached or is projected to category September subquota will be provide prior notice of, and an
be reached. On and after the effective reached by September 17, 2017. opportunity for public comment on, this
date and time of such notification, for Therefore, retaining, possessing, or action for the following reasons:
the remainder of the fishing year or for landing large medium or giant BFT by
persons aboard vessels permitted in the The regulations implementing the
a specified period as indicated in the 2006 Consolidated HMS FMP and
notification, retaining, possessing, or Atlantic tunas General and HMS
Charter/Headboat categories must cease amendments provide for inseason
landing BFT under that quota category retention limit adjustments and fishery
at 11:30 p.m. local time on September
is prohibited until the opening of the closures to respond to the unpredictable
17, 2017. The General category will
subsequent quota period or until such nature of BFT availability on the fishing
reopen automatically on October 1,
date as specified in the notice. grounds, the migratory nature of this
2017, for the October through November
The base quota for the General 2017 subperiod and there is additional species, and the regional variations in
category is 466.7 mt. See § 635.27(a). quota available for December. This the BFT fishery. These fisheries are
Each of the General category time action applies to Atlantic tunas General currently underway and the quota for
periods (January, June through August, category (commercial) permitted vessels the subcategory is projected to be
September, October through November, and Highly Migratory Species (HMS) reached shortly. Delaying this action
and December) is allocated a Charter/Headboat category permitted would be contrary to the public interest
‘‘subquota’’ or portion of the annual vessels, and is taken consistent with the because the subquota is projected to be
General category quota. Although it is regulations at § 635.28(a)(1). The intent reached shortly and any delay could
called the ‘‘January’’ subquota, the of this closure is to prevent overharvest lead to further exceedance, which may
regulations allow the General category of the available General category result in the need to reduce quota for
fishery under this quota to continue September BFT subquota and help the General category later in the year
until the subquota is reached or March ensure reasonable fishing opportunities and thus could affect later fishing
31, whichever comes first. The in each of the remaining subquota time opportunities. Therefore, the AA finds
subquotas for each time period are as periods. good cause under 5 U.S.C. 553(b)(B) to
follows: 24.7 mt for January; 233.3 mt Fishermen may catch and release (or waive prior notice and the opportunity
for June through August; 123.7 mt for tag and release) BFT of all sizes, subject for public comment. For all of the above
September; 60.7 mt for October through to the requirements of the catch-and- reasons, there also is good cause under
November; and 24.3 mt for December. release and tag-and-release programs at 5 U.S.C. 553(d) to waive the 30-day
Any unused General category quota § 635.26. All BFT that are released must delay in effectiveness.
rolls forward within the fishing year, be handled in a manner that will This action is being taken under 50
which coincides with the calendar year, maximize their survival, and without CFR 635.28(a)(1), and is exempt from
from one time period to the next, and removing the fish from the water, review under Executive Order 12866.
is available for use in subsequent time consistent with requirements at
Authority: 16 U.S.C. 971 et seq. and 1801
periods. On December 19, 2016, NMFS § 635.21(a)(1). For additional et seq.
published an inseason action information on safe handling, see the
transferring 16.3 mt of BFT quota from ‘‘Careful Catch and Release’’ brochure Dated: September 13, 2017.
the December 2017 subquota to the available at www.nmfs.noaa.gov/sfa/ Emily H. Menashes,
January 2017 subquota period (81 FR hms/. General, HMS Charter/Headboat, Acting Director, Office of Sustainable
91873). For 2017, NMFS also transferred Harpoon, and Angling category vessel Fisheries, National Marine Fisheries Service.
40 mt from the Reserve to the General owners are required to report the catch [FR Doc. 2017–19867 Filed 9–14–17; 4:15 pm]
category effective March 2, resulting in of all BFT retained or discarded dead, BILLING CODE 3510–22–P
asabaliauskas on DSKBBXCHB2PROD with RULES
VerDate Sep<11>2014 16:10 Sep 18, 2017 Jkt 241001 PO 00000 Frm 00046 Fmt 4700 Sfmt 9990 E:\FR\FM\19SER1.SGM 19SER1](https://thefederalregister.org/doc/82_FR_43891/page/2.svg)
Document Created: 2018-10-24 14:20:13
Document Modified: 2018-10-24 14:20:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure of the General category fishery. | |
| Dates | Effective 11:30 p.m., local time, September 17, 2017, through September 30, 2017. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 82 FR 43711 | |
| RIN Number | 0648-XF69 |
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