[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Rules and Regulations]
[Pages 43711-43712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19867]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XF699
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.
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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) until the General category reopens on
October 1, 2017. This action is being taken to prevent overharvest of
the General category September 2017 BFT subquota and help ensure
reasonable fishing opportunities in each of the remaining subquota time
periods.
DATES: Effective 11:30 p.m., local time, September 17, 2017, through
September 30, 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
[[Page 43712]]
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 (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). 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 BFT quota
from the December 2017 subquota to the January 2017 subquota 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).
Based on the best available landings information for the General
category BFT fishery (i.e., 81 mt of the available 123.7 mt landed as
of September 12, 2017) as well as average catch rates and anticipated
fishing conditions, NMFS has determined that the General category
September subquota will be reached by September 17, 2017. 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 September
17, 2017. The General category will reopen automatically on October 1,
2017, for the October through November 2017 subperiod and there is
additional quota available for December. 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 General category September BFT subquota and help ensure
reasonable fishing opportunities in each of the remaining subquota time
periods.
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/. General, HMS Charter/Headboat, Harpoon, 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.
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 the quota for the subcategory is projected to be reached
shortly. Delaying this action would be contrary to the public interest
because the subquota is projected to be reached shortly and any delay
could lead to further exceedance, which may result in the need to
reduce quota for the General category later in the year and thus could
affect later fishing opportunities. 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 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 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: September 13, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2017-19867 Filed 9-14-17; 4:15 pm]
BILLING CODE 3510-22-P