Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 37825-37826 [2017-17122]

Download as PDF sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations catches of bigeye tuna using logbook data submitted by vessel captains and other available information, and determined that the 2017 catch limit would be reached by September 1, 2017. In accordance with 50 CFR 300.224(e), this rule serves as notification to fishermen, the fishing industry, and the general public that the U.S. longline fishery for bigeye tuna in the Convention Area will be closed during the dates provided in the DATES heading. The fishery is scheduled to reopen on January 1, 2018. This rule does not apply to the longline fisheries of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands, collectively ‘‘the territories,’’ as described below. During the closure, a U.S. fishing vessel may not retain on board, transship, or land bigeye tuna caught by longline gear in the Convention Area, except that any bigeye tuna already on board a fishing vessel upon the effective date of the restrictions may be retained on board, transshipped, and landed, provided that they are landed within 14 days of the start of the closure, that is, by September 15, 2017. This 14-day landing requirement does not apply to a vessel that has declared to NMFS, pursuant to 50 CFR 665.803(a), that the current trip type is shallow-setting. During the effective period of the restrictions, longline-caught bigeye tuna may be retained on board, transshipped, and landed if the fish are caught by a vessel with a valid American Samoa longline permit, or if the fish are landed in the territories. In either case, the following conditions must be met: (1) The fish is not caught in the U.S. Exclusive Economic Zone (EEZ) around Hawaii; (2) Other applicable laws and regulations are followed; and (3) The vessel has a valid permit issued under 50 CFR 660.707 or 665.801. Bigeye tuna caught by longline gear during the closure may also be retained on board, transshipped, and/or landed if they are caught by a vessel that is included in a valid specified fishing agreement under 50 CFR 665.819(c), in accordance with 50 CFR 300.224(f)(1)(iv). During the closure, a U.S. vessel is also prohibited from transshipping bigeye tuna caught in the Convention Area by longline gear to any vessel other than a U.S. fishing vessel with a valid permit issued under 50 CFR 660.707 or 665.801. The catch limit and this closure do not apply to bigeye tuna caught by longline gear outside the Convention Area, such as in the eastern Pacific VerDate Sep<11>2014 15:51 Aug 11, 2017 Jkt 241001 Ocean. To ensure compliance with the restrictions related to bigeye tuna caught by longline gear in the Convention Area, however, the following requirements apply during the closure period (see 50 CFR 300.224): (1) Longline fishing both inside and outside the Convention Area is not allowed during the same fishing trip. An exception would be a fishing trip that is in progress on September 1, 2017. In that case, the catch of bigeye tuna must be landed by September 15, 2017; and (2) If a longline vessel fishes outside the Convention Area and the vessel then enters the Convention Area during the same fishing trip, the fishing gear must be stowed and not readily available for fishing in the Convention Area. Specifically, hooks, branch lines, and floats must be stowed and the mainline hauler must be covered. The above two additional prohibitions do not apply to the following vessels: (1) Vessels on declared shallowsetting trips pursuant to 50 CFR 665.803(a); and (2) Vessels operating in the longline fisheries of the territories. This includes vessels included in a valid specified fishing agreement under 50 CFR 665.819(c), in accordance with 50 CFR 300.224(f)(1)(iv). This group also includes vessels with valid American Samoa longline permits and vessels landing bigeye tuna in one of the territories, as long as the bigeye tuna were not caught in the EEZ around Hawaii, the fishing was compliant with all applicable laws, and the vessel has a valid permit issued under 50 CFR 660.707 or 665.801. Classification There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment on this action, because it would be unnecessary and contrary to the public interest. This rule closes the U.S. longline fishery for bigeye tuna in the western and central Pacific as a result of reaching the applicable bigeye tuna catch limit. The limit is codified in Federal regulations and is based on agreed limits established by the Western and Central Pacific Fisheries Commission. 50 CFR 300.224(e) notifies the public that fishing prohibitions will be placed in effect when the limit is reached. NMFS forecasts that the fishery will reach the 2017 limit by September 1, 2017. Longline fishermen have been subject to longline bigeye tuna limits in the western and central Pacific since 2009. They have received ongoing, updated information about the 2017 catch and progress of the fishery in reaching the Convention Area limit via the NMFS PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 37825 Web site, social media, and other means. This constitutes adequate advance notice of this fishery closure. Additionally, the publication timing of this rule provides longline fishermen with seven days advance notice of the closure date, and allows two weeks to return to port and land their catch of bigeye tuna. For the reasons stated above, there is also good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for this temporary rule. NMFS must close the fishery as soon as possible to ensure that fishery does not exceed the catch limit. According to NMFS stock-status-determination criteria, bigeye tuna in the Pacific Ocean are currently experiencing overfishing. NMFS implemented the catch limit to reduce the effects of fishing on bigeye tuna and restore the stock to levels capable of producing maximum sustainable yield on a continuing basis. Failure to close the fishery immediately would result in additional fishing pressure on this stock, in violation of Federal law and regulations that implement WCPFC decisions. This action is required by 50 CFR 300.224 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 6901 et seq. Dated: August 9, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017–17164 Filed 8–10–17; 11:15 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066–5717–02] RIN 0648–XF534 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure of Angling category northern area trophy fishery. AGENCY: NMFS closes the northern 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 SUMMARY: E:\FR\FM\14AUR1.SGM 14AUR1 37826 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES overharvest of the Angling category northern area trophy BFT subquota. DATES: Effective 11:30 p.m., local time, August 11, 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 Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and amendments. NMFS is required, under § 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 Northern ‘‘Trophy’’ Fishery Closure The 2017 BFT fishing year, which is managed on a calendar-year basis and subject to an annual calendar-year quota, began January 1, 2017. The Angling category season opened January 1, 2017, and continues through December 31, 2017. The currently codified Angling category quota is 195.2 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°18′ N. lat. (off Great Egg Inlet, NJ) (the ‘‘northern area’’); south of 39°18′ N. lat. and outside the Gulf of VerDate Sep<11>2014 15:51 Aug 11, 2017 Jkt 241001 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 northern area trophy BFT subquota has been reached and that a closure of the northern area trophy BFT fishery is warranted. Therefore, retaining, possessing, or landing large medium or giant BFT north of 39°18′ N. lat. 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 August 11, 2017. This closure will remain effective through December 31, 2017. This action is intended to prevent overharvest of the Angling category northern area trophy BFT subquota, and is taken consistent with the regulations at § 635.28(a)(1). NMFS previously closed the 2017 trophy BFT fishery in the southern area on March 20, 2017 (82 FR 14162, March 17, 2017) and in the Gulf of Mexico on June 7, 2017 (82 FR 26603, June 8, 2017). Therefore, as of August 11, 2017, the Angling category trophy BFT fishery will be closed in all areas for 2017. 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-andrelease and tag-and-release programs at § 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 § 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/. 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 9990 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. The closure of the northern area Angling category trophy fishery is necessary to prevent any further overharvest of the northern 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 northern 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: August 9, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries National Marine Fisheries Service. [FR Doc. 2017–17122 Filed 8–9–17; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\14AUR1.SGM 14AUR1

Agencies

[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Rules and Regulations]
[Pages 37825-37826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17122]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XF534


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 northern area 
trophy fishery.

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SUMMARY: NMFS closes the northern 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

[[Page 37826]]

overharvest of the Angling category northern area trophy BFT subquota.

DATES: Effective 11:30 p.m., local time, August 11, 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 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 Northern ``Trophy'' Fishery 
Closure

    The 2017 BFT fishing year, which is managed on a calendar-year 
basis and subject to an annual calendar-year quota, began January 1, 
2017. The Angling category season opened January 1, 2017, and continues 
through December 31, 2017. The currently codified Angling category 
quota is 195.2 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) (the 
``northern area''); 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 northern 
area trophy BFT subquota has been reached and that a closure of the 
northern area trophy BFT fishery is warranted. Therefore, retaining, 
possessing, or landing large medium or giant BFT north of 39[deg]18' N. 
lat. 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 August 11, 2017. This closure 
will remain effective through December 31, 2017. This action is 
intended to prevent overharvest of the Angling category northern area 
trophy BFT subquota, and is taken consistent with the regulations at 
Sec.  635.28(a)(1). NMFS previously closed the 2017 trophy BFT fishery 
in the southern area on March 20, 2017 (82 FR 14162, March 17, 2017) 
and in the Gulf of Mexico on June 7, 2017 (82 FR 26603, June 8, 2017). 
Therefore, as of August 11, 2017, the Angling category trophy BFT 
fishery will be closed in all areas for 2017.
    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 www.nmfs.noaa.gov/sfa/hms/.
    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.

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 northern 
area Angling category trophy fishery is necessary to prevent any 
further overharvest of the northern 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 northern 
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: August 9, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries National Marine 
Fisheries Service.
[FR Doc. 2017-17122 Filed 8-9-17; 4:15 pm]
BILLING CODE 3510-22-P

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