83 FR 22602 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 95 (May 16, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 95 (May 16, 2018)
| Page Range | 22602-22603 | |
| FR Document | 2018-10433 |
[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)] [Rules and Regulations] [Pages 22602-22603] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10433] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XG237 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 Gulf of Mexico trophy fishery. ----------------------------------------------------------------------- SUMMARY: NMFS closes the Gulf of Mexico 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 Gulf of Mexico trophy BFT subquota. DATES: Effective 11:30 p.m., local time, May 13, 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 Gulf of Mexico ``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, NMFS has determined that the codified Angling category Gulf of Mexico trophy BFT subquota has been reached and exceeded and that a closure of the Gulf of Mexico trophy BFT fishery is warranted. Therefore, retaining, possessing, or landing large medium or giant BFT in 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 May 13, 2018. This closure will remain effective through December 31, 2018. This action is intended to prevent further overharvest of the Angling category Gulf of Mexico trophy BFT subquota, and is taken consistent with the regulations at Sec. 635.28(a)(1). 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 accessing hmspermits.noaa.gov or by using the HMS Catch Reporting App. [[Page 22603]] 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 Gulf of Mexico Angling category trophy fishery is necessary to prevent any further overharvest of the Gulf of Mexico 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 Gulf of Mexico 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: May 11, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-10433 Filed 5-11-18; 4:15 pm] BILLING CODE 3510-22-P
![22602 Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Rules and Regulations
This action is taken under 50 CFR ACTION: Temporary rule; closure of vessels fishing under the Angling
622.384(e) and 622.388(a)(1)(i), and is Angling category Gulf of Mexico trophy category quota, with 1.5 mt allocated for
exempt from review under Executive fishery. each of the following areas: North of
Order 12866. 39°18′ N lat. (off Great Egg Inlet, NJ);
These measures are exempt from the SUMMARY: NMFS closes the Gulf of south of 39°18′ N lat. and outside the
procedures of the Regulatory Flexibility Mexico Angling category fishery for Gulf of Mexico (the ‘‘southern area’’);
Act because the temporary rule is issued large medium and giant (‘‘trophy’’ (i.e., and in the Gulf of Mexico. Trophy BFT
without opportunity for prior notice and measuring 73 inches curved fork length measure 73 inches (185 cm) curved fork
comment. or greater)) Atlantic bluefin tuna (BFT).
length or greater.
This action responds to the best This action is being taken to prevent
overharvest of the Angling category Gulf Based on reported landings from the
scientific information available. The
of Mexico trophy BFT subquota. NMFS Automated Catch Reporting
Assistant Administrator for NOAA
DATES: Effective 11:30 p.m., local time, System, NMFS has determined that the
Fisheries (AA) finds good cause to
May 13, 2018, through December 31, codified Angling category Gulf of
waive the requirements to provide prior
notice and opportunity for public 2018. Mexico trophy BFT subquota has been
comment pursuant to the authority set reached and exceeded and that a closure
FOR FURTHER INFORMATION CONTACT:
forth at 5 U.S.C. 553(b)(B) as such of the Gulf of Mexico trophy BFT
Sarah McLaughlin or Brad McHale, fishery is warranted. Therefore,
procedures are unnecessary and 978–281–9260.
contrary to the public interest. Such retaining, possessing, or landing large
SUPPLEMENTARY INFORMATION: medium or giant BFT in the Gulf of
procedures are unnecessary because the Regulations implemented under the
rule implementing the commercial Mexico by persons aboard vessels
authority of the Atlantic Tunas permitted in the HMS Angling category
quota and the associated AM has Convention Act (ATCA; 16 U.S.C. 971 et
already been subject to notice and and the HMS Charter/Headboat category
seq.) and the Magnuson-Stevens Fishery (when fishing recreationally) must cease
public comment, and all that remains is Conservation and Management Act
to notify the public of the closure. at 11:30 p.m. local time on May 13,
(Magnuson-Stevens Act; 16 U.S.C. 1801 2018. This closure will remain effective
Additionally, allowing prior notice and et seq.) governing the harvest of BFT by
opportunity for public comment is through December 31, 2018. This action
persons and vessels subject to U.S. is intended to prevent further
contrary to the public interest because jurisdiction are found at 50 CFR part
of the need to implement immediately overharvest of the Angling category Gulf
635. Section 635.27 subdivides the U.S.
this action to protect the king mackerel of Mexico trophy BFT subquota, and is
BFT quota recommended by the
stock, because the capacity of the taken consistent with the regulations at
International Commission for the
fishing fleet allows for rapid harvest of § 635.28(a)(1).
Conservation of Atlantic Tunas (ICCAT)
the commercial quota. Prior notice and among the various domestic fishing If needed, subsequent Angling
opportunity for public comment would categories, per the allocations category adjustments will be published
require time and could potentially result established in the 2006 Consolidated in the Federal Register. Information
in a harvest well in excess of the Atlantic Highly Migratory Species regarding the Angling category fishery
established commercial quota. Fishery Management Plan (2006 for Atlantic tunas, including daily
For the aforementioned reasons, the Consolidated HMS FMP) (71 FR 58058, retention limits for BFT measuring 27
AA also finds good cause to waive the October 2, 2006) and amendments. inches (68.5 cm) to less than 73 inches
30-day delay in the effectiveness of this NMFS is required, under and any further Angling category
action under 5 U.S.C. 553(d)(3). § 635.28(a)(1), to file a closure notice adjustments, is available at
Authority: 16 U.S.C. 1801 et seq. with the Office of the Federal Register hmspermits.noaa.gov or by calling (978)
Dated: May 11, 2018. for publication when a BFT quota is 281–9260. HMS Angling and HMS
Jennifer M. Wallace, reached or is projected to be reached. Charter/Headboat category permit
On and after the effective date and time holders may catch and release (or tag
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service. of such notification, for the remainder of and release) BFT of all sizes, subject to
the fishing year or for a specified period the requirements of the catch-and-
[FR Doc. 2018–10434 Filed 5–11–18; 4:15 pm]
as indicated in the notification, release and tag-and-release programs at
BILLING CODE 3510–22–P
retaining, possessing, or landing BFT § 635.26. Anglers are also reminded that
under that quota category is prohibited all BFT that are released must be
DEPARTMENT OF COMMERCE until the opening of the subsequent handled in a manner that will maximize
quota period or until such date as survival, and without removing the fish
National Oceanic and Atmospheric specified in the notice. from the water, consistent with
Administration Angling Category Large Medium and requirements at § 635.21(a)(1). For
Giant Gulf of Mexico ‘‘Trophy’’ Fishery additional information on safe handling,
50 CFR Part 635 Closure see the ‘‘Careful Catch and Release’’
brochure available at https://
The 2018 BFT fishing year, which is
[Docket No. 150121066–5717–02] www.fisheries.noaa.gov/resource/
managed on a calendar-year basis and
outreach-and-education/careful-catch-
subject to an annual calendar-year
RIN 0648–XG237 and-release-brochure.
quota, began January 1, 2018. The
nshattuck on DSK9F9SC42PROD with RULES
Angling category season opened January HMS Charter/Headboat and Angling
Atlantic Highly Migratory Species;
1, 2018, and continues through category vessel owners are required to
Atlantic Bluefin Tuna Fisheries
December 31, 2018. The currently report the catch of all BFT retained or
AGENCY: National Marine Fisheries codified Angling category quota is 195.2 discarded dead, within 24 hours of the
Service (NMFS), National Oceanic and metric tons (mt), of which 4.5 mt is landing(s) or end of each trip, by
Atmospheric Administration (NOAA), allocated for the harvest of large accessing hmspermits.noaa.gov or by
Commerce. medium and giant (trophy) BFT by using the HMS Catch Reporting App.
VerDate Sep<11>2014 13:12 May 15, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\16MYR1.SGM 16MYR1](https://thefederalregister.org/doc/83_FR_22697/page/1.svg)
![Federal Register / Vol. 83, No. 95 / Wednesday, May 16, 2018 / Rules and Regulations 22603
Classification Mexico 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
The Assistant Administrator for publishing the notice in the Federal waive prior notice and the opportunity
NMFS (AA) finds that it is impracticable Register, emailing individuals who have for public comment. For all of the above
and contrary to the public interest to subscribed to the Atlantic HMS News reasons, there is good cause under 5
provide prior notice of, and an electronic newsletter, and updating the U.S.C. 553(d) to waive the 30-day delay
opportunity for public comment on, this information posted on the Atlantic in effectiveness.
action for the following reasons: Tunas Information Line and on
The regulations implementing the This action is being taken under 50
hmspermits.noaa.gov.
2006 Consolidated HMS FMP and These fisheries are currently CFR 635.28(a)(1), and is exempt from
amendments provide for inseason underway and delaying this action review under Executive Order 12866.
retention limit adjustments and fishery would be contrary to the public interest Authority: 16 U.S.C. 971 et seq. and 1801
closures to respond to the unpredictable as it could result in excessive trophy et seq.
nature of BFT availability on the fishing BFT landings that may result in future Dated: May 11, 2018.
grounds, the migratory nature of this potential quota reductions for the
species, and the regional variations in Angling category, depending on the Jennifer M. Wallace,
the BFT fishery. The closure of the Gulf magnitude of a potential Angling Acting Director, Office of Sustainable
of Mexico Angling category trophy category overharvest. NMFS must close Fisheries, National Marine Fisheries Service.
fishery is necessary to prevent any the Gulf of Mexico trophy BFT fishery [FR Doc. 2018–10433 Filed 5–11–18; 4:15 pm]
further overharvest of the Gulf of before additional landings of these sizes BILLING CODE 3510–22–P
nshattuck on DSK9F9SC42PROD with RULES
VerDate Sep<11>2014 13:12 May 15, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 9990 E:\FR\FM\16MYR1.SGM 16MYR1](https://thefederalregister.org/doc/83_FR_22697/page/2.svg)
Document Created: 2018-11-02 09:14:10
Document Modified: 2018-11-02 09:14:10
| 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 Gulf of Mexico trophy fishery. | |
| Dates | Effective 11:30 p.m., local time, May 13, 2018, through December 31, 2018. | |
| Contact | Sarah McLaughlin or Brad McHale, 978- 281-9260. | |
| FR Citation | 83 FR 22602 | |
| RIN Number | 0648-XG23 |
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