83 FR 12141 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 54 (March 20, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 54 (March 20, 2018)
| Page Range | 12141-12142 | |
| FR Document | 2018-05604 |
[Federal Register Volume 83, Number 54 (Tuesday, March 20, 2018)] [Rules and Regulations] [Pages 12141-12142] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05604] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XG099 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 Angling category southern area trophy fishery. ----------------------------------------------------------------------- SUMMARY: NMFS closes the southern area Angling category fishery for large medium and giant (``trophy'' (i.e., measuring 73 inches curved fork length or greater)) Atlantic bluefin tuna (BFT). This action is being taken to prevent overharvest of the Angling category southern area trophy BFT subquota. DATES: Effective 11:30 p.m., local time, March 17, 2018 through December 31, 2018. 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 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 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. Angling Category Large Medium and Giant Southern ``Trophy'' Fishery Closure The 2018 BFT fishing year, which is managed on a calendar-year basis and subject to an annual calendar-year quota, began January 1, 2018. The Angling category season opened January 1, 2018, and continues through December 31, 2018. The currently codified Angling category quota is 195.2 metric tons (mt), of which 4.5 mt is allocated for the harvest of large medium and giant (trophy) BFT by vessels fishing under the Angling category quota, with 1.5 mt allocated for each of the following areas: North of 39[deg]18' N lat. (off Great Egg Inlet, NJ); south of 39[deg]18' N lat. and outside the Gulf of Mexico (the ``southern area''); and in the Gulf of Mexico. Trophy BFT measure 73 inches (185 cm) curved fork length or greater. Based on reported landings from the NMFS Automated Catch Reporting System and the North Carolina Tagging Program, NMFS has determined that the codified Angling category southern area trophy BFT subquota has been reached and that a closure of the southern area trophy BFT fishery is warranted. Therefore, retaining, possessing, or landing large medium or giant BFT south of 39[deg]18' N lat. and outside the Gulf of Mexico by persons aboard vessels permitted in the HMS Angling category and the HMS Charter/Headboat category (when fishing recreationally) must cease at 11:30 p.m. local time on March 17, 2018. This closure will remain effective through December 31, 2018. This action is intended to prevent overharvest of the Angling category southern area trophy BFT subquota, and is taken consistent with the regulations at Sec. 635.28(a)(1). NMFS has considered the fact that it is in the process of proposing a rule that would implement and give effect to the 2017 ICCAT recommendation on western Atlantic BFT management, which increased the annual U.S. BFT quota for 2018, 2019, and 2020 by 17.5 percent from the 2017 level. The domestic subquotas that would result from the proposed action would include an increase in the southern trophy BFT quota from the currently codified 1.5 mt to 1.8 mt. However, because current landings exceed both the currently codified and the anticipated proposed quota for the Angling category southern area, closure of the southern area trophy BFT fishery needs to occur regardless of the proposed increase. If needed, subsequent Angling category adjustments will be published in the Federal Register. Information regarding the Angling category fishery for Atlantic tunas, including daily retention limits for BFT measuring 27 inches (68.5 cm) to less than 73 inches and any further Angling category adjustments, is available at hmspermits.noaa.gov or by calling (978) 281-9260. HMS Angling and HMS Charter/Headboat category permit holders 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. Anglers are also reminded that all BFT that are released must be handled in a manner that will maximize 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 https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure. HMS Charter/Headboat 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 [[Page 12142]] 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. The closure of the southern area Angling category trophy fishery is necessary to prevent any further overharvest of the southern area trophy fishery subquota. NMFS provides notification of closures by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the Atlantic Tunas Information Line and on hmspermits.noaa.gov. These fisheries are currently underway and delaying this action would be contrary to the public interest as it could result in excessive trophy BFT landings that may result in future potential quota reductions for the Angling category, depending on the magnitude of a potential Angling category overharvest. NMFS must close the southern area trophy BFT fishery before additional landings of these sizes of BFT occur. 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 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: March 15, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-05604 Filed 3-15-18; 4:15 pm] BILLING CODE 3510-22-P
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(3) Annual commercial catch limits in FOR FURTHER INFORMATION CONTACT: and that a closure of the southern area
Area 2C and Area 3A. The annual Sarah McLaughlin or Brad McHale, trophy BFT fishery is warranted.
commercial catch limit: 978–281–9260. Therefore, retaining, possessing, or
(i) In Area 2C is 3,570,000 pounds SUPPLEMENTARY INFORMATION: landing large medium or giant BFT
(1,619.32 metric tons); and Regulations implemented under the south of 39°18′ N lat. and outside the
(ii) In Area 3A is 7,350,000 pounds authority of the Atlantic Tunas Gulf of Mexico by persons aboard
(3,333.91 metric tons). Convention Act (ATCA; 16 U.S.C. 971 et vessels permitted in the HMS Angling
(b) Additional requirements for category and the HMS Charter/Headboat
seq.) and the Magnuson-Stevens Fishery
charter vessels for Area 2C and Area 3A category (when fishing recreationally)
Conservation and Management Act
in 2018—(1) Area 2C. In addition to must cease at 11:30 p.m. local time on
(Magnuson-Stevens Act; 16 U.S.C. 1801
complying with regulations adopted by March 17, 2018. This closure will
et seq.) governing the harvest of BFT by
the Commission as annual management remain effective through December 31,
persons and vessels subject to U.S.
measures, and published in the Federal 2018. This action is intended to prevent
jurisdiction are found at 50 CFR part
Register as required in § 300.62, no overharvest of the Angling category
635. Section 635.27 subdivides the U.S.
person on board a charter vessel as southern area trophy BFT subquota, and
BFT quota recommended by the
defined in § 300.61 shall catch and is taken consistent with the regulations
International Commission for the
retain any halibut that with head on is at § 635.28(a)(1).
Conservation of Atlantic Tunas (ICCAT)
greater than 38 inches (96.5 cm) and less NMFS has considered the fact that it
than 80 inches (203.2 cm) as measured among the various domestic fishing
categories, per the allocations is in the process of proposing a rule that
in a straight line, passing over the would implement and give effect to the
pectoral fin from the tip of the lower jaw established in the 2006 Consolidated
Atlantic Highly Migratory Species 2017 ICCAT recommendation on
with mouth closed, to the extreme end western Atlantic BFT management,
of the middle of the tail. Fishery Management Plan (2006
which increased the annual U.S. BFT
(2) Area 3A. In addition to complying Consolidated HMS FMP) (71 FR 58058,
quota for 2018, 2019, and 2020 by 17.5
with regulations adopted by the October 2, 2006) and amendments.
percent from the 2017 level. The
Commission as annual management NMFS is required, under domestic subquotas that would result
measures, and published in the Federal § 635.28(a)(1), to file a closure notice from the proposed action would include
Register as required in § 300.62, no with the Office of the Federal Register an increase in the southern trophy BFT
person on board a charter vessel as for publication when a BFT quota is quota from the currently codified 1.5 mt
defined in § 300.61 may catch and retain reached or is projected to be reached. to 1.8 mt. However, because current
halibut on any Wednesday in 2018, or On and after the effective date and time landings exceed both the currently
on the following Tuesdays: July 10, July of such notification, for the remainder of codified and the anticipated proposed
17, July 24, July 31, August 7, and the fishing year or for a specified period quota for the Angling category southern
August 14 in 2018. as indicated in the notification, area, closure of the southern area trophy
[FR Doc. 2018–05623 Filed 3–19–18; 8:45 am] retaining, possessing, or landing BFT BFT fishery needs to occur regardless of
BILLING CODE 3510–22–P
under that quota category is prohibited the proposed increase.
until the opening of the subsequent If needed, subsequent Angling
quota period or until such date as category adjustments will be published
DEPARTMENT OF COMMERCE specified in the notice. in the Federal Register. Information
Angling Category Large Medium and regarding the Angling category fishery
National Oceanic and Atmospheric for Atlantic tunas, including daily
Administration Giant Southern ‘‘Trophy’’ Fishery
Closure retention limits for BFT measuring 27
inches (68.5 cm) to less than 73 inches
50 CFR Part 635 The 2018 BFT fishing year, which is and any further Angling category
managed on a calendar-year basis and adjustments, is available at
[Docket No. 150121066–5717–02]
subject to an annual calendar-year hmspermits.noaa.gov or by calling (978)
RIN 0648–XG099 quota, began January 1, 2018. The 281–9260. HMS Angling and HMS
Angling category season opened January Charter/Headboat category permit
Atlantic Highly Migratory Species; 1, 2018, and continues through holders may catch and release (or tag
Atlantic Bluefin Tuna Fisheries December 31, 2018. The currently and release) BFT of all sizes, subject to
AGENCY: National Marine Fisheries codified Angling category quota is 195.2 the requirements of the catch-and-
Service (NMFS), National Oceanic and metric tons (mt), of which 4.5 mt is release and tag-and-release programs at
Atmospheric Administration (NOAA), allocated for the harvest of large § 635.26. Anglers are also reminded that
Commerce. medium and giant (trophy) BFT by all BFT that are released must be
ACTION: Temporary rule; closure of vessels fishing under the Angling handled in a manner that will maximize
Angling category southern area trophy category quota, with 1.5 mt allocated for survival, and without removing the fish
fishery. each of the following areas: North of from the water, consistent with
39°18′ N lat. (off Great Egg Inlet, NJ); requirements at § 635.21(a)(1). For
SUMMARY: NMFS closes the southern south of 39°18′ N lat. and outside the additional information on safe handling,
area Angling category fishery for large Gulf of Mexico (the ‘‘southern area’’); see the ‘‘Careful Catch and Release’’
medium and giant (‘‘trophy’’ (i.e., and in the Gulf of Mexico. Trophy BFT brochure available at https://
measuring 73 inches curved fork length measure 73 inches (185 cm) curved fork www.fisheries.noaa.gov/resource/
or greater)) Atlantic bluefin tuna (BFT). length or greater.
daltland on DSKBBV9HB2PROD with RULES
outreach-and-education/careful-catch-
This action is being taken to prevent Based on reported landings from the and-release-brochure.
overharvest of the Angling category NMFS Automated Catch Reporting HMS Charter/Headboat and Angling
southern area trophy BFT subquota. System and the North Carolina Tagging category vessel owners are required to
DATES: Effective 11:30 p.m., local time, Program, NMFS has determined that the report the catch of all BFT retained or
March 17, 2018 through December 31, codified Angling category southern area discarded dead, within 24 hours of the
2018. trophy BFT subquota has been reached landing(s) or end of each trip, by
VerDate Sep<11>2014 17:19 Mar 19, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\20MRR1.SGM 20MRR1](https://thefederalregister.org/doc/83_FR_12195/page/1.svg)
![12142 Federal Register / Vol. 83, No. 54 / Tuesday, March 20, 2018 / Rules and Regulations
accessing hmspermits.noaa.gov or by further overharvest of the southern area before additional landings of these sizes
using the HMS Catch Reporting App. trophy fishery subquota. NMFS of BFT occur. Therefore, the AA finds
provides notification of closures by good cause under 5 U.S.C. 553(b)(B) to
Classification
publishing the notice in the Federal waive prior notice and the opportunity
The Assistant Administrator for Register, emailing individuals who have for public comment. For all of the above
NMFS (AA) finds that it is impracticable subscribed to the Atlantic HMS News reasons, there is good cause under 5
and contrary to the public interest to electronic newsletter, and updating the U.S.C. 553(d) to waive the 30-day delay
provide prior notice of, and an information posted on the Atlantic in effectiveness.
opportunity for public comment on, this Tunas Information Line and on
action for the following reasons: This action is being taken under 50
hmspermits.noaa.gov. CFR 635.28(a)(1), and is exempt from
The regulations implementing the
2006 Consolidated HMS FMP and These fisheries are currently review under Executive Order 12866.
amendments provide for inseason underway and delaying this action Authority: 16 U.S.C. 971 et seq. and 1801
retention limit adjustments and fishery would be contrary to the public interest et seq.
closures to respond to the unpredictable as it could result in excessive trophy
Dated: March 15, 2018.
nature of BFT availability on the fishing BFT landings that may result in future
grounds, the migratory nature of this potential quota reductions for the Emily H. Menashes,
species, and the regional variations in Angling category, depending on the Acting Director, Office of Sustainable
the BFT fishery. The closure of the magnitude of a potential Angling Fisheries, National Marine Fisheries Service.
southern area Angling category trophy category overharvest. NMFS must close [FR Doc. 2018–05604 Filed 3–15–18; 4:15 pm]
fishery is necessary to prevent any the southern area trophy BFT fishery BILLING CODE 3510–22–P
daltland on DSKBBV9HB2PROD with RULES
VerDate Sep<11>2014 17:19 Mar 19, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 9990 E:\FR\FM\20MRR1.SGM 20MRR1](https://thefederalregister.org/doc/83_FR_12195/page/2.svg)
Document Created: 2018-03-20 01:10:36
Document Modified: 2018-03-20 01:10:36
| 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 Angling category southern area trophy fishery. | |
| Dates | Effective 11:30 p.m., local time, March 17, 2018 through December 31, 2018. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 83 FR 12141 | |
| RIN Number | 0648-XG09 |
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