82_FR_55744 82 FR 55520 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

82 FR 55520 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 224 (November 22, 2017)

Page Range55520-55522
FR Document2017-25202

NMFS is transferring 25.6 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Harpoon category to the General category for the remainder of the 2017 fishing year, to account for overharvests of the September and October through November subquotas, and utilize the unused portion of the adjusted Harpoon category quota. This action results in an adjusted General category subquota of 12.7 mt for the December subquota period. It is intended to preserve the opportunity for General category fishermen to participate in the December General category fishery, which reopens on December 1, 2017, and is based on consideration of 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 224 (Wednesday, November 22, 2017)
[Federal Register Volume 82, Number 224 (Wednesday, November 22, 2017)]
[Rules and Regulations]
[Pages 55520-55522]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25202]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XF805


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 bluefin tuna quota transfer (Harpoon 
category to General category).

-----------------------------------------------------------------------

SUMMARY: NMFS is transferring 25.6 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Harpoon category to the General category for 
the remainder of the 2017 fishing year, to account for overharvests of 
the September and October through November subquotas, and utilize the 
unused portion of the adjusted Harpoon category quota. This action 
results in an adjusted General category subquota of 12.7 mt for the 
December subquota period. It is intended to preserve the opportunity 
for General category fishermen to participate in the December General 
category fishery, which reopens on December 1, 2017, and is based on 
consideration of 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: The quota transfer is effective December 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) and as implemented by the United States 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). 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, as established 
in the 2015 BFT quota final rule (80 FR 52198, August 28, 2015). 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 quota from the December 2017 subquota to the 
January 2017 subquota period, resulting in a subquota of 41 mt for the 
January 2017 period and a subquota of 8 mt for the December 2017 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). In 
advance of the October 1 General category reopening, NMFS published an 
inseason action transferring 156.4 mt from the Reserve category to the 
General category to account for overharvests of the January, June 
through August, and September subquotas, resulting in an adjusted 2017 
General category quota of 663.1 mt (82 FR 46000, October 3, 2017). NMFS 
closed the General category fishery when the October through November 
subquota (60.7 mt) was met, effective October 5, 2017 (82 FR 46934, 
October 10, 2017). The Harpoon category fishery automatically closed 
for the year on November 15, 2017. Once re-opened on December 1, the 
2017 General category fishery would be open until December 31, 2017, or 
until the General category quota is reached, whichever comes first.

Quota Transfer

    Under Sec.  635.27(a)(9), NMFS has the authority to transfer quota 
among fishing categories or subcategories, after considering regulatory 
determination criteria at Sec.  635.27(a)(8). NMFS has considered all 
of the relevant determination criteria and their applicability to the 
General category fishery. These considerations include, but are not 
limited to, the following:
    NMFS considered the catches 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)). 
Preliminary landings data as of October 31, 2017, indicate that the 
General category has landed 676 mt this year, which exceeds the 
adjusted

[[Page 55521]]

General category quota of 663.1 mt, and the Harpoon category has landed 
43 mt of the adjusted Harpoon category quota of 68.6 mt. Without a 
quota transfer at this time, there would be no quota available to 
General category participants in December because the entire adjusted 
General category quota of 663.1 mt has been reached and exceeded. 
Approximately 75 percent (816.3 mt) of the total of the BFT subquotas 
for all commercial categories (888.7 mt, as published in the 2015 BFT 
quota final rule) has been harvested as of October 31, 2017, however, 
and NMFS anticipates that some amount of that 888.7 mt of commercial 
quota may remain unused by the end of the year even with the transfer. 
Absent a transfer at this time, this segment of the fishery would have 
to remain closed if no adjustment is made, even though NMFS anticipates 
that commercial-sized BFT will be readily available to vessels fishing 
under the General category quota when the General category fishery is 
scheduled to reopen on December 1, 2017. Transferring 25.6 mt of BFT 
quota from the Harpoon category to the General category, effective 
December 1, 2017, would allow the General category to resume fishing 
and would result in an adjusted quota of 688.7 mt for the 2017 General 
category fishing season, and, specifically, 12.7 mt available for the 
December subquota period.
    Regarding the projected ability of the vessels fishing under the 
particular category quota (here, the General category) to harvest the 
additional amount of BFT quota transferred before the end of the 
fishing year (Sec.  635.27(a)(8)(iii)), NMFS considered General 
category landings over the last several years and landings to date this 
year. Landings are highly variable and depend on access to commercial-
sized BFT and fishing conditions, among other factors. A portion of the 
transferred quota covers overharvests in the category as prosecuted to 
date (i.e., for late-reported September landings and landings in excess 
of the October through November subquota), and thus has already been 
harvested. For the remainder of the transferred quota, which make the 
December subquota whole to the extent that transferrable quota is 
available and to utilize unused Harpoon category quota, there is a high 
probability that the transferred quota will be harvested during the 
December time period.
    NMFS also considered the estimated amounts by which quotas for 
other gear categories of the fishery might be exceeded (Sec.  
635.27(a)(8)(iv)) and the ability to account for all 2017 landings and 
dead discards. In the last several years, total U.S. BFT landings have 
been below the total available U.S. quota such that the United States 
has carried forward the maximum amount of underharvest allowed by ICCAT 
from one year to the next. NMFS will need to account for 2017 landings 
and dead discards within the adjusted U.S. quota, consistent with ICCAT 
recommendations, and NMFS anticipates having sufficient quota to do 
that.
    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. Additional opportunity 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.
    This transfer would be consistent with the current U.S. quota, 
which was established and analyzed in the 2015 BFT quota final rule, 
and with objectives of the 2006 Consolidated HMS FMP and amendments. 
(Sec.  635.27(a)(8)(v) and (vi)). Another principal consideration is 
the objective of providing opportunities to harvest the full annual 
U.S. BFT quota without exceeding it based on the goals of the 2006 
Consolidated HMS FMP and Amendment 7, 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 the considerations above, NMFS is transferring all of the 
remaining 25.6 mt of Harpoon category quota to the General category 
with the objective of accounting for underharvests of the September and 
October through November subquotas, providing the previously announced 
8 mt of BFT quota for the December subquota period, and also utilizing 
the remainder of the unused Harpoon category quota. Therefore, NMFS 
adjusts the General category quota to 688.7 mt for the 2017 General 
category fishing season (i.e., through December 31, 2017, or until the 
General category quota is reached, whichever comes first), and adjusts 
the Harpoon category quota to 43 mt. This results in 12.7 mt being 
available to the General category for the December subquota period. If 
necessary, NMFS will close the General category fishery for December 
when the available subquota for that time period is reached.

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. Late reporting by dealers compromises NMFS' ability to 
timely implement actions such as quota and retention limit adjustment, 
as well as closures, and may result in enforcement actions. 
Additionally, and separate from the dealer reporting requirement, 
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. Depending on the level of 
fishing effort and catch rates of BFT, NMFS may determine that 
additional action (e.g., quota adjustment or closure) is necessary to 
ensure available subquotas are not exceeded or to enhance scientific 
data collection from, and fishing opportunities in, all geographic 
areas. 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.
    NMFS reminds General category participants that when the fishery 
reopens December 1, 2017, the BFT General category daily retention 
limit will be one large medium or giant BFT (measuring 73'' or greater) 
per vessel per day/trip.

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 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. Affording prior notice and opportunity for public 
comment to implement the quota transfer for the remainder of 2017 is 
impracticable and contrary to the public interest as such a delay would 
result in continued closure of the General category fishery (because 
the available quota has been met) and the need to re-open the fishery 
later in the

[[Page 55522]]

December time period, rather than the fishery automatically re-opening 
on December 1. The delay would preclude the fishery from harvesting BFT 
that are available on the fishing grounds and that might otherwise 
become unavailable during a delay. 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 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 Sec.  635.27(a)(9) (Inseason 
adjustments) and is exempt from review under Executive Order 12866.

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

    Dated: November 16, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-25202 Filed 11-21-17; 8:45 am]
BILLING CODE 3510-22-P



                                             55520        Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations

                                             in January and using inseason trip limit                November subquotas, and utilize the                   31, whichever comes first. The
                                             adjustments to ensure the fishery is                    unused portion of the adjusted Harpoon                subquotas for each time period are as
                                             open later in the year in 2018 will cause               category quota. This action results in an             follows: 24.7 mt for January; 233.3 mt
                                             beneficial cumulative economic                          adjusted General category subquota of                 for June through August; 123.7 mt for
                                             impacts, because it allows for a more                   12.7 mt for the December subquota                     September; 60.7 mt for October through
                                             equitable distribution of the quotas                    period. It is intended to preserve the                November; and 24.3 mt for December.
                                             among constituents in this region,                      opportunity for General category                      Any unused General category quota
                                             consistent with the 2006 Consolidated                   fishermen to participate in the                       rolls forward within the fishing year,
                                             HMS FMP and its amendments.                             December General category fishery,                    which coincides with the calendar year,
                                                Section 212 of the Small Business                    which reopens on December 1, 2017,                    from one time period to the next, and
                                             Regulatory Enforcement Fairness Act of                  and is based on consideration of the                  is available for use in subsequent time
                                             1996 states that, for each rule or group                regulatory determination criteria                     periods.
                                             of related rules for which an agency is                 regarding inseason adjustments and                       On December 19, 2016, NMFS
                                             required to prepare a FRFA, the agency                  applies to Atlantic tunas General                     published an inseason action
                                             shall publish one or more guides to                     category (commercial) permitted vessels               transferring 16.3 mt of quota from the
                                             assist small entities in complying with                 and Highly Migratory Species (HMS)                    December 2017 subquota to the January
                                             the rule, and shall designate such                      Charter/Headboat category permitted                   2017 subquota period, resulting in a
                                             publications as ‘‘small entity                          vessels when fishing commercially for                 subquota of 41 mt for the January 2017
                                             compliance guides.’’ The agency shall                   BFT.                                                  period and a subquota of 8 mt for the
                                             explain the actions a small entity is                   DATES: The quota transfer is effective
                                                                                                                                                           December 2017 period (81 FR 91873).
                                             required to take to comply with a rule                  December 1, 2017, through December                    For 2017, NMFS also transferred 40 mt
                                             or group of rules. As part of this                      31, 2017.                                             from the Reserve to the General category
                                             rulemaking process, NMFS has prepared                                                                         effective March 2, resulting in an
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                             a listserv summarizing fishery                                                                                adjusted General category quota of 506.7
                                                                                                     Sarah McLaughlin or Brad McHale,
                                             information and regulations for Atlantic                                                                      mt (82 FR 12747, March 7, 2017). In
                                                                                                     978–281–9260.
                                             shark fisheries for 2018. This listserv                                                                       advance of the October 1 General
                                                                                                     SUPPLEMENTARY INFORMATION:                            category reopening, NMFS published an
                                             also serves as the small entity                         Regulations implemented under the
                                             compliance guide. Copies of the                                                                               inseason action transferring 156.4 mt
                                                                                                     authority of the Atlantic Tunas                       from the Reserve category to the General
                                             compliance guide are available from                     Convention Act (ATCA; 16 U.S.C. 971 et
                                             NMFS (see ADDRESSES).                                                                                         category to account for overharvests of
                                                                                                     seq.) and the Magnuson-Stevens Fishery                the January, June through August, and
                                               Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.           Conservation and Management Act                       September subquotas, resulting in an
                                             1801 et seq.                                            (Magnuson-Stevens Act; 16 U.S.C. 1801                 adjusted 2017 General category quota of
                                               Dated: November 15, 2017.                             et seq.) governing the harvest of BFT by              663.1 mt (82 FR 46000, October 3,
                                             Samuel D. Rauch, III,                                   persons and vessels subject to U.S.                   2017). NMFS closed the General
                                             Deputy Assistant Administrator for                      jurisdiction are found at 50 CFR part                 category fishery when the October
                                             Regulatory Programs, National Marine                    635. Section 635.27 subdivides the U.S.               through November subquota (60.7 mt)
                                             Fisheries Service.                                      BFT quota recommended by the                          was met, effective October 5, 2017 (82
                                             [FR Doc. 2017–25203 Filed 11–21–17; 8:45 am]            International Commission for the                      FR 46934, October 10, 2017). The
                                             BILLING CODE 3510–22–P
                                                                                                     Conservation of Atlantic Tunas (ICCAT)                Harpoon category fishery automatically
                                                                                                     and as implemented by the United                      closed for the year on November 15,
                                                                                                     States among the various domestic                     2017. Once re-opened on December 1,
                                             DEPARTMENT OF COMMERCE                                  fishing categories, per the allocations               the 2017 General category fishery would
                                                                                                     established in the 2006 Consolidated                  be open until December 31, 2017, or
                                             National Oceanic and Atmospheric                        Highly Migratory Species Fishery                      until the General category quota is
                                             Administration                                          Management Plan (2006 Consolidated                    reached, whichever comes first.
                                                                                                     HMS FMP) (71 FR 58058, October 2,
                                             50 CFR Part 635                                         2006), as amended by Amendment 7 to                   Quota Transfer
                                             [Docket No. 150121066–5717–02]                          the 2006 Consolidated HMS FMP                            Under § 635.27(a)(9), NMFS has the
                                                                                                     (Amendment 7) (79 FR 71510, December                  authority to transfer quota among
                                             RIN 0648–XF805                                          2, 2014). NMFS is required under ATCA                 fishing categories or subcategories, after
                                                                                                     and the Magnuson-Stevens Act to                       considering regulatory determination
                                             Atlantic Highly Migratory Species;                      provide U.S. fishing vessels with a                   criteria at § 635.27(a)(8). NMFS has
                                             Atlantic Bluefin Tuna Fisheries                         reasonable opportunity to harvest the                 considered all of the relevant
                                             AGENCY:  National Marine Fisheries                      ICCAT-recommended quota.                              determination criteria and their
                                             Service (NMFS), National Oceanic and                       The base quota for the General                     applicability to the General category
                                             Atmospheric Administration (NOAA),                      category is 466.7 mt, as established in               fishery. These considerations include,
                                             Commerce.                                               the 2015 BFT quota final rule (80 FR                  but are not limited to, the following:
                                             ACTION: Temporary rule; inseason                        52198, August 28, 2015). See                             NMFS considered the catches of the
                                             bluefin tuna quota transfer (Harpoon                    § 635.27(a). Each of the General category             General category quota to date
                                             category to General category).                          time periods (January, June through                   (including during the summer/fall and
                                                                                                     August, September, October through                    winter fisheries in the last several
                                                                                                     November, and December) is allocated a                years), and the likelihood of closure of
ethrower on DSK3G9T082PROD with RULES




                                             SUMMARY:  NMFS is transferring 25.6
                                             metric tons (mt) of Atlantic bluefin tuna               ‘‘subquota’’ or portion of the annual                 that segment of the fishery if no
                                             (BFT) quota from the Harpoon category                   General category quota. Although it is                adjustment is made (§ 635.27(a)(8)(ii)
                                             to the General category for the                         called the ‘‘January’’ subquota, the                  and (ix)). Preliminary landings data as
                                             remainder of the 2017 fishing year, to                  regulations allow the General category                of October 31, 2017, indicate that the
                                             account for overharvests of the                         fishery under this quota to continue                  General category has landed 676 mt this
                                             September and October through                           until the subquota is reached or March                year, which exceeds the adjusted


                                        VerDate Sep<11>2014   16:22 Nov 21, 2017   Jkt 244001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\22NOR1.SGM   22NOR1


                                                          Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations                                         55521

                                             General category quota of 663.1 mt, and                 years, total U.S. BFT landings have been              fishery for December when the available
                                             the Harpoon category has landed 43 mt                   below the total available U.S. quota                  subquota for that time period is reached.
                                             of the adjusted Harpoon category quota                  such that the United States has carried
                                                                                                                                                           Monitoring and Reporting
                                             of 68.6 mt. Without a quota transfer at                 forward the maximum amount of
                                             this time, there would be no quota                      underharvest allowed by ICCAT from                       NMFS will continue to monitor the
                                             available to General category                           one year to the next. NMFS will need                  BFT fishery closely. Dealers are required
                                             participants in December because the                    to account for 2017 landings and dead                 to submit landing reports within 24
                                             entire adjusted General category quota                  discards within the adjusted U.S. quota,              hours of a dealer receiving BFT. Late
                                             of 663.1 mt has been reached and                        consistent with ICCAT                                 reporting by dealers compromises
                                             exceeded. Approximately 75 percent                      recommendations, and NMFS                             NMFS’ ability to timely implement
                                             (816.3 mt) of the total of the BFT                      anticipates having sufficient quota to do             actions such as quota and retention
                                             subquotas for all commercial categories                 that.                                                 limit adjustment, as well as closures,
                                             (888.7 mt, as published in the 2015 BFT                    Regarding the usefulness of                        and may result in enforcement actions.
                                             quota final rule) has been harvested as                 information obtained from catches in                  Additionally, and separate from the
                                             of October 31, 2017, however, and                       the particular category for biological                dealer reporting requirement, General
                                             NMFS anticipates that some amount of                    sampling and monitoring of the status of              and HMS Charter/Headboat category
                                             that 888.7 mt of commercial quota may                   the stock (§ 635.27(a)(8)(i)), biological             vessel owners are required to report the
                                             remain unused by the end of the year                    samples collected from BFT landed by                  catch of all BFT retained or discarded
                                             even with the transfer. Absent a transfer               General category fishermen and                        dead within 24 hours of the landing(s)
                                             at this time, this segment of the fishery               provided by BFT dealers continue to                   or end of each trip, by accessing
                                             would have to remain closed if no                       provide NMFS with valuable data for                   hmspermits.noaa.gov or by using the
                                             adjustment is made, even though NMFS                                                                          HMS Catch Reporting App. Depending
                                                                                                     ongoing scientific studies of BFT age
                                             anticipates that commercial-sized BFT                                                                         on the level of fishing effort and catch
                                                                                                     and growth, migration, and reproductive
                                             will be readily available to vessels                                                                          rates of BFT, NMFS may determine that
                                                                                                     status. Additional opportunity to land
                                             fishing under the General category quota                                                                      additional action (e.g., quota adjustment
                                                                                                     BFT over the longest time-period
                                             when the General category fishery is                                                                          or closure) is necessary to ensure
                                                                                                     allowable would support the collection
                                             scheduled to reopen on December 1,                                                                            available subquotas are not exceeded or
                                                                                                     of a broad range of data for these studies
                                             2017. Transferring 25.6 mt of BFT quota                                                                       to enhance scientific data collection
                                                                                                     and for stock monitoring purposes.
                                             from the Harpoon category to the                                                                              from, and fishing opportunities in, all
                                                                                                        This transfer would be consistent                  geographic areas. If needed, subsequent
                                             General category, effective December 1,                 with the current U.S. quota, which was
                                             2017, would allow the General category                                                                        adjustments will be published in the
                                                                                                     established and analyzed in the 2015                  Federal Register. In addition, fishermen
                                             to resume fishing and would result in an                BFT quota final rule, and with
                                             adjusted quota of 688.7 mt for the 2017                                                                       may call the Atlantic Tunas Information
                                                                                                     objectives of the 2006 Consolidated                   Line at (978) 281–9260, or access
                                             General category fishing season, and,
                                                                                                     HMS FMP and amendments.                               hmspermits.noaa.gov, for updates on
                                             specifically, 12.7 mt available for the
                                                                                                     (§ 635.27(a)(8)(v) and (vi)). Another                 quota monitoring and inseason
                                             December subquota period.
                                                Regarding the projected ability of the               principal consideration is the objective              adjustments.
                                             vessels fishing under the particular                    of providing opportunities to harvest the                NMFS reminds General category
                                             category quota (here, the General                       full annual U.S. BFT quota without                    participants that when the fishery
                                             category) to harvest the additional                     exceeding it based on the goals of the                reopens December 1, 2017, the BFT
                                             amount of BFT quota transferred before                  2006 Consolidated HMS FMP and                         General category daily retention limit
                                             the end of the fishing year                             Amendment 7, including to achieve                     will be one large medium or giant BFT
                                             (§ 635.27(a)(8)(iii)), NMFS considered                  optimum yield on a continuing basis                   (measuring 73’’ or greater) per vessel per
                                             General category landings over the last                 and to optimize the ability of all permit             day/trip.
                                             several years and landings to date this                 categories to harvest their full BFT
                                                                                                     quota allocations (related to                         Classification
                                             year. Landings are highly variable and
                                             depend on access to commercial-sized                    § 635.27(a)(8)(x)).                                      The Assistant Administrator for
                                             BFT and fishing conditions, among                          Based on the considerations above,                 NMFS (AA) finds that it is impracticable
                                             other factors. A portion of the                         NMFS is transferring all of the                       and contrary to the public interest to
                                             transferred quota covers overharvests in                remaining 25.6 mt of Harpoon category                 provide prior notice of, and an
                                             the category as prosecuted to date (i.e.,               quota to the General category with the                opportunity for public comment on, this
                                             for late-reported September landings                    objective of accounting for                           action for the following reasons:
                                             and landings in excess of the October                   underharvests of the September and                       The regulations implementing the
                                             through November subquota), and thus                    October through November subquotas,                   2006 Consolidated HMS FMP and
                                             has already been harvested. For the                     providing the previously announced 8                  amendments provide for inseason
                                             remainder of the transferred quota,                     mt of BFT quota for the December                      retention limit adjustments to respond
                                             which make the December subquota                        subquota period, and also utilizing the               to the unpredictable nature of BFT
                                             whole to the extent that transferrable                  remainder of the unused Harpoon                       availability on the fishing grounds, the
                                             quota is available and to utilize unused                category quota. Therefore, NMFS adjusts               migratory nature of this species, and the
                                             Harpoon category quota, there is a high                 the General category quota to 688.7 mt                regional variations in the BFT fishery.
                                             probability that the transferred quota                  for the 2017 General category fishing                 Affording prior notice and opportunity
                                             will be harvested during the December                   season (i.e., through December 31, 2017,              for public comment to implement the
                                                                                                     or until the General category quota is                quota transfer for the remainder of 2017
ethrower on DSK3G9T082PROD with RULES




                                             time period.
                                                NMFS also considered the estimated                   reached, whichever comes first), and                  is impracticable and contrary to the
                                             amounts by which quotas for other gear                  adjusts the Harpoon category quota to                 public interest as such a delay would
                                             categories of the fishery might be                      43 mt. This results in 12.7 mt being                  result in continued closure of the
                                             exceeded (§ 635.27(a)(8)(iv)) and the                   available to the General category for the             General category fishery (because the
                                             ability to account for all 2017 landings                December subquota period. If necessary,               available quota has been met) and the
                                             and dead discards. In the last several                  NMFS will close the General category                  need to re-open the fishery later in the


                                        VerDate Sep<11>2014   16:22 Nov 21, 2017   Jkt 244001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\22NOR1.SGM   22NOR1


                                             55522        Federal Register / Vol. 82, No. 224 / Wednesday, November 22, 2017 / Rules and Regulations

                                             December time period, rather than the                   2017, through April 30, 2019) is                      such as a penalty schedule for non-
                                             fishery automatically re-opening on                     withdrawn, effective November 20,                     compliance with the operations plan or
                                             December 1. The delay would preclude                    2017. Written comments must be                        other actions that would jeopardize the
                                             the fishery from harvesting BFT that are                received on or before December 20,                    sector’s continued approval. Penalties
                                             available on the fishing grounds and                    2017.                                                 under the plan range from a written
                                             that might otherwise become                             ADDRESSES: You may submit comments                    warning or fine to expulsion from the
                                             unavailable during a delay. Therefore,                  on this document, identified by NOAA–                 sector.
                                             the AA finds good cause under 5 U.S.C.                                                                           The Regional Administrator may
                                                                                                     NMFS–2017–0016, by either of the
                                             553(b)(B) to waive prior notice and the                                                                       withdraw approval of a sector, after
                                                                                                     following methods:
                                             opportunity for public comment. For                       • Electronic Submission: Submit all                 consultation with the New England
                                             these reasons, there also is good cause                 electronic public comments via the                    Fishery Management Council, at any
                                             under 5 U.S.C. 553(d) to waive the 30-                  Federal e-Rulemaking Portal. Go to                    time as authorized in 50 CFR
                                             day delay in effectiveness.                             www.regulations.gov/                                  648.87(c)(3). Withdrawal may occur if
                                                This action is being taken under                                                                           sector participants are not complying
                                                                                                     #!docketDetail;D=NOAA-NMFS-2017-
                                             § 635.27(a)(9) (Inseason adjustments)                                                                         with the requirements of the approved
                                                                                                     0016, click the ‘‘Comment Now!’’ icon,
                                             and is exempt from review under                                                                               operations plan or if the continuation of
                                                                                                     complete the required fields, and enter
                                             Executive Order 12866.                                                                                        the operations plan will undermine
                                                                                                     or attach your comments.
                                                Authority: 16 U.S.C. 971 et seq. and 1801              • Mail: Submit written comments to                  achievement of fishing mortality
                                             et seq.                                                 John K. Bullard, Regional                             objectives of the Northeast Multispecies
                                                                                                     Administrator, National Marine                        FMP.
                                               Dated: November 16, 2017.                                                                                      On March 30, 2017, Carlos Rafael
                                             Emily H. Menashes,                                      Fisheries Service, 55 Great Republic
                                                                                                                                                           pleaded guilty to all counts in United
                                             Acting Director, Office of Sustainable                  Drive, Gloucester, MA 01930. Mark the
                                                                                                                                                           States v. Carlos Rafael (No. 16–
                                             Fisheries, National Marine Fisheries Service.           outside of the envelope, ‘‘Comments on                CR10124–WGY). Mr. Rafael is the owner
                                             [FR Doc. 2017–25202 Filed 11–21–17; 8:45 am]            the Interim Final Rule to Withdraw                    of Carlos Seafood (a Federally permitted
                                             BILLING CODE 3510–22–P
                                                                                                     Approval of NEFS 9.’’                                 dealer) and a fleet of Federally
                                                                                                       Instructions: Comments sent by any
                                                                                                                                                           permitted groundfish vessels that are
                                                                                                     other method, to any other address or
                                                                                                                                                           enrolled in NEFS 9. Mr. Rafael admitted
                                             DEPARTMENT OF COMMERCE                                  individual, or received after the end of
                                                                                                                                                           to falsely reporting catch information
                                                                                                     the comment period, may not be
                                                                                                                                                           (species and weight) for 13 of his vessels
                                             National Oceanic and Atmospheric                        considered by NMFS. All comments
                                                                                                                                                           on dealer catch reports and vessel trip
                                             Administration                                          received are a part of the public record              reports from 2012 through 2015. These
                                                                                                     and will generally be posted for public               13 vessels operated under the sector
                                             50 CFR Part 648                                         viewing on www.regulations.gov                        operations plan for NEFS 9 during the
                                                                                                     without change. All personal identifying              period of known misreporting, and are
                                             [Docket No. 170104016–7999–03]
                                                                                                     information (e.g., name, address, etc.),              currently enrolled in the sector for
                                             RIN 0648–XF138                                          confidential business information, or                 fishing year 2017. Sentencing for these
                                                                                                     otherwise sensitive information                       violations occurred on September 25,
                                             Magnuson-Stevens Act Provisions;                        submitted voluntarily by the sender will
                                             Fisheries of the Northeastern United                                                                          2017. Mr. Rafael was sentenced to serve
                                                                                                     be publicly accessible. NMFS will                     46 months in prison and 3 years of
                                             States; Northeast Multispecies                          accept anonymous comments (enter ‘‘N/
                                             Fishery; Disapproval of Northeast                                                                             supervised release, and during
                                                                                                     A’’ in the required fields if you wish to             supervised release, he is banned from
                                             Fishery Sector IX Operational Plan                      remain anonymous).                                    working in the fishing industry. The
                                             AGENCY:  National Marine Fisheries                      FOR FURTHER INFORMATION CONTACT: Liz                  Court also ordered Mr. Rafael to pay a
                                             Service (NMFS), National Oceanic and                    Sullivan, Fishery Policy Analyst, (978)               fine of $200,000 and restitution to the
                                             Atmospheric Administration (NOAA),                      282–8493.                                             U.S. Treasury of $108,929. On October
                                             Commerce.                                               SUPPLEMENTARY INFORMATION:                            11, 2017, the U.S. District Court Judge
                                             ACTION: Interim final rule.                                                                                   in the criminal case ordered the
                                                                                                     Background
                                                                                                                                                           forfeiture of Mr. Rafael’s interests in 4
                                             SUMMARY:   This rule withdraws approval                   To help achieve the fishing mortality               of the 13 vessels involved in the
                                             of the 2017 and 2018 Northeast Fishery                  and conservation objectives of the                    criminal case, as well as the permits
                                             Sector IX operations plan. The Regional                 Fishery Management Plan (FMP), each                   issued to those vessels.
                                             Administrator determined that the                       sector is allocated annual catch                         On April 28, 2017, we published an
                                             sector and its participants are not                     entitlements (ACE) and must ensure that               interim final rule approving 19 sectors
                                             complying with the requirements of the                  these ACEs are not exceeded. The                      and their operations plans, including
                                             approved operations plan, and that the                  Regional Administrator must approve                   NEFS 9, for fishing years 2017 and 2018
                                             continuation of the operations plan will                sector operations plans in order for                  (82 FR 19618). At the time, although Mr.
                                             undermine achievement of conservation                   sectors to operate and be allocated ACE               Rafael had pleaded guilty, the criminal
                                             and management objectives of the                        for specific groundfish stocks. A sector’s            case was not complete and sentencing
                                             Northeast Multispecies Fishery                          operations plan includes a detailed plan              for the violations had not occurred. We
                                             Management Plan. This rule is intended                  for monitoring and reporting catch and                provisionally approved the NEFS 9
                                             to ensure that sector operations are                    the specific management rules sector                  operations plan for fishing years 2017
                                             consistent with approved plans for                      participants will abide by in order to                and 2018, and allocated ACE to the
ethrower on DSK3G9T082PROD with RULES




                                             accurately monitoring and reporting                     avoid exceeding the sector’s allocation,              sector for 2017, pending Mr. Rafael’s
                                             sector catch to ensure that overages of                 as well as a plan for how the sector will             sentencing to allow for our
                                             a sector’s allocation do not occur.                     operate if an ACE is exceeded. The                    consideration of any additional
                                             DATES: Approval of the Northeast                        operations plan also includes internal                information regarding NEFS 9
                                             Fishery Sector IX Operations Plan for                   sector enforcement measures for                       operations. In the interim final rule, we
                                             Fishing Years 2017 and 2018 (May 1,                     operation plan breaches and remedies,                 noted that we intended to take


                                        VerDate Sep<11>2014   16:22 Nov 21, 2017   Jkt 244001   PO 00000   Frm 00030   Fmt 4700   Sfmt 4700   E:\FR\FM\22NOR1.SGM   22NOR1



Document Created: 2017-11-22 00:49:07
Document Modified: 2017-11-22 00:49:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; inseason bluefin tuna quota transfer (Harpoon category to General category).
DatesThe quota transfer is effective December 1, 2017, through December 31, 2017.
ContactSarah McLaughlin or Brad McHale, 978- 281-9260.
FR Citation82 FR 55520 
RIN Number0648-XF80

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR