82 FR 57885 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 235 (December 8, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 235 (December 8, 2017)
| Page Range | 57885-57885 | |
| FR Document | 2017-26492 |
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)] [Rules and Regulations] [Page 57885] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26492] [[Page 57885]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XF868 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) for the December subquota time period and thus for the remainder of 2017. The intent of this closure is to prevent overharvest of the available December subquota of 12.7 mt and the adjusted 2017 General category quota of 688.7 metric tons (mt). DATES: Effective 11:30 p.m., local time, December 6, 2017, through December 31, 2017. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978- 281-9260. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories, per the allocations established in the 2006 Consolidated 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). To date this year, NMFS has adjusted the General category base quota for 2017 three times, including a transfer of 40 mt from the Reserve category effective March 2 (82 FR 12747, March 7, 2017), a transfer of 156.4 mt from the Reserve category effective September 28 (82 FR 46000, October 3, 2017), and a transfer of 25.6 mt from the Harpoon category effective December 1 (82 FR 55520, November 22, 2017). The third transfer resulted in an adjusted General category December subquota of 12.7 mt and an adjusted 2017 General category quota of 688.7 mt. Based on the best available landings information for the General category BFT fishery, NMFS has determined that the available December subquota of 12.7 mt has been reached, as has the overall adjusted General category quota of 688.7 mt. 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 December 6, 2017. The General category will reopen automatically on January 1, 2018, for the January through March 2018 subperiod. 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 2017 General category quota. 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/. Monitoring and Reporting NMFS will continue to monitor the BFT fisheries 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. General and 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. 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 delaying this action would be contrary to the public interest as it could result in excessive BFT landings that may result in future potential quota reductions for the General category. NMFS must close the General category fishery for 2017 to prevent overharvest of the available quota. 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 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. 635.28(a)(1) (BFT Fishery Closures), and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: December 5, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-26492 Filed 12-5-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations 57885
DEPARTMENT OF COMMERCE date and time of such notification, for Monitoring and Reporting
the remainder of the fishing year or for
National Oceanic and Atmospheric a specified period as indicated in the NMFS will continue to monitor the
Administration notification, retaining, possessing, or BFT fisheries closely. Dealers are
landing BFT under that quota category required to submit landing reports
50 CFR Part 635 is prohibited until the opening of the within 24 hours of a dealer receiving
subsequent quota period or until such BFT. Late reporting by dealers
[Docket No. 150121066–5717–02] compromises NMFS’ ability to timely
date as specified in the notice.
RIN 0648–XF868 The base quota for the General implement actions such as quota and
category is 466.7 mt. See § 635.27(a). To retention limit adjustment, as well as
Atlantic Highly Migratory Species; closures, and may result in enforcement
date this year, NMFS has adjusted the
Atlantic Bluefin Tuna Fisheries actions. General and Charter/Headboat
General category base quota for 2017
AGENCY: National Marine Fisheries three times, including a transfer of 40 category vessel owners are required to
Service (NMFS), National Oceanic and mt from the Reserve category effective report the catch of all BFT retained or
Atmospheric Administration (NOAA), March 2 (82 FR 12747, March 7, 2017), discarded dead, within 24 hours of the
Commerce. a transfer of 156.4 mt from the Reserve landing(s) or end of each trip, by
category effective September 28 (82 FR accessing hmspermits.noaa.gov or by
ACTION: Temporary rule; closure of the
46000, October 3, 2017), and a transfer using the HMS Catch Reporting App.
General category fishery.
of 25.6 mt from the Harpoon category Classification
SUMMARY: NMFS closes the General effective December 1 (82 FR 55520,
category fishery for large medium and November 22, 2017). The third transfer The Assistant Administrator for
giant (i.e., measuring 73 inches curved resulted in an adjusted General category NMFS (AA) finds that it is impracticable
fork length or greater) Atlantic bluefin December subquota of 12.7 mt and an and contrary to the public interest to
tuna (BFT) for the December subquota adjusted 2017 General category quota of provide prior notice of, and an
time period and thus for the remainder 688.7 mt. opportunity for public comment on, this
of 2017. The intent of this closure is to Based on the best available landings action for the following reasons:
prevent overharvest of the available information for the General category The regulations implementing the
December subquota of 12.7 mt and the BFT fishery, NMFS has determined that 2006 Consolidated HMS FMP and
adjusted 2017 General category quota of the available December subquota of 12.7 amendments provide for inseason
688.7 metric tons (mt). mt has been reached, as has the overall retention limit adjustments and fishery
DATES: Effective 11:30 p.m., local time, adjusted General category quota of 688.7 closures to respond to the unpredictable
December 6, 2017, through December mt. Therefore, retaining, possessing, or nature of BFT availability on the fishing
31, 2017. landing large medium or giant BFT by grounds, the migratory nature of this
FOR FURTHER INFORMATION CONTACT: persons aboard vessels permitted in the species, and the regional variations in
Sarah McLaughlin or Brad McHale, Atlantic tunas General and HMS the BFT fishery. These fisheries are
978–281–9260. Charter/Headboat categories must cease currently underway and delaying this
SUPPLEMENTARY INFORMATION: at 11:30 p.m. local time on December 6, action would be contrary to the public
Regulations implemented under the 2017. The General category will reopen interest as it could result in excessive
authority of the Atlantic Tunas automatically on January 1, 2018, for the BFT landings that may result in future
Convention Act (ATCA; 16 U.S.C. 971 et January through March 2018 subperiod. potential quota reductions for the
seq.) and the Magnuson-Stevens Fishery This action applies to Atlantic tunas General category. NMFS must close the
Conservation and Management Act General category (commercial) General category fishery for 2017 to
(Magnuson-Stevens Act; 16 U.S.C. 1801 permitted vessels and Highly Migratory prevent overharvest of the available
et seq.) governing the harvest of BFT by Species (HMS) Charter/Headboat quota. Therefore, the AA finds good
persons and vessels subject to U.S. category permitted vessels and is taken cause under 5 U.S.C. 553(b)(B) to waive
jurisdiction are found at 50 CFR part consistent with the regulations at prior notice and the opportunity for
635. Section 635.27 subdivides the U.S. § 635.28(a)(1). The intent of this closure public comment. For all of the above
BFT quota recommended by the is to prevent overharvest of the available reasons, there is good cause under 5
International Commission for the 2017 General category quota. U.S.C. 553(d) to waive the 30-day delay
Conservation of Atlantic Tunas (ICCAT) Fishermen may catch and release (or in effectiveness.
among the various domestic fishing tag and release) BFT of all sizes, subject This action is being taken under
categories, per the allocations to the requirements of the catch-and- § 635.28(a)(1) (BFT Fishery Closures),
established in the 2006 Consolidated release and tag-and-release programs at and is exempt from review under
Highly Migratory Species Fishery § 635.26. All BFT that are released must Executive Order 12866.
Management Plan (2006 Consolidated be handled in a manner that will
Authority: 16 U.S.C. 971 et seq. and 1801
HMS FMP) (71 FR 58058, October 2, maximize their survival, and without et seq.
2006) and amendments. removing the fish from the water,
NMFS is required, under consistent with requirements at Dated: December 5, 2017.
§ 635.28(a)(1), to file a closure notice § 635.21(a)(1). For additional Emily H. Menashes,
with the Office of the Federal Register information on safe handling, see the Acting Director, Office of Sustainable
for publication when a BFT quota (or ‘‘Careful Catch and Release’’ brochure Fisheries, National Marine Fisheries Service.
sradovich on DSK3GMQ082PROD with RULES
subquota) is reached or is projected to available at www.nmfs.noaa.gov/sfa/ [FR Doc. 2017–26492 Filed 12–5–17; 4:15 pm]
be reached. On and after the effective hms/. BILLING CODE 3510–22–P
VerDate Sep<11>2014 16:24 Dec 07, 2017 Jkt 244001 PO 00000 Frm 00067 Fmt 4700 Sfmt 9990 E:\FR\FM\08DER1.SGM 08DER1](https://thefederalregister.org/doc/82_FR_58120/page/1.svg)
Document Created: 2017-12-08 01:43:25
Document Modified: 2017-12-08 01:43:25
| 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, December 6, 2017, through December 31, 2017. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 82 FR 57885 | |
| RIN Number | 0648-XF86 |
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