[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Rules and Regulations]
[Pages 76874-76875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26718]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XF011


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries; 2016 General Category Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS closes the coastwide General category fishery for large 
medium and giant Atlantic bluefin tuna (BFT) for 2016. This action is 
being taken to prevent any further overharvest of the available 
adjusted General category quota of 676.7 metric tons (mt).

DATES: Effective 11:30 p.m., local time, November 4, 2016, through 
December 31, 2016.

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), as amended by Amendment 7 to the 2006 
Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014).
    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.
    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 2016 twice, including a transfer of 125 mt from the 
Reserve category effective October 6 (81 FR 70369, October 12, 2016), 
and a transfer of 85 mt (18 mt from the Harpoon category quota and 67 
mt from the Reserve category) effective October 14 (81 FR 71639, 
October 18, 2016), resulting in an adjusted quota of 676.7 mt.
    Based on the best available landings information for the General 
category BFT fishery, NMFS has determined that the adjusted General 
category quota of 676.7 mt has been reached (i.e., as of October 31, 
reported landings total approximately 677.4 mt). Therefore, retaining, 
possessing, or landing large medium or giant BFT by persons aboard

[[Page 76875]]

vessels permitted in the Atlantic tunas General and HMS Charter/
Headboat categories (while fishing commercially) must cease at 11:30 
p.m. local time on November 4, 2016. The General category will reopen 
automatically on January 1, 2017, for the January through March 2017 
subperiod. This action applies to Atlantic tunas General category 
(commercial) permitted vessels and Highly Migratory Species (HMS) 
Charter/Headboat category permitted vessels when fishing commercially 
for BFT, and is taken consistent with the regulations at Sec.  
635.28(a)(1). The intent of this closure is to prevent any further 
overharvest of the available 2016 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. 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 atwww.nmfs.noaa.gov/sfa/hms/.

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 2016 to prevent the 
available quota from being exceeded any further. 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), and is exempt 
from review under Executive Order 12866.

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

    Dated: November 1, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-26718 Filed 11-1-16; 4:15 pm]
 BILLING CODE 3510-22-P