Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 39047 

information contained in the 2005 EIS 

and 2014 SEIS, the Regional 

Administrator has determined that (1) 

approval of the proposed 2017–2019 fur 

seal subsistence harvest notice does not 

constitute a change in the action; and (2) 

there are no significant new 

circumstances or information relevant to 

environmental concerns and bearing on 

the proposed action or its impacts. 

Additionally, the proposed 2017–2019 

fur seal subsistence harvest levels will 

result in environmental impacts within 

the scope of those analyzed and 

disclosed in the previous EIS. Therefore, 

supplemental NEPA documentation is 

not necessary to implement the 2017– 

2019 fur seal subsistence harvest levels 

discussed in this document. 

Executive Order 12866 and 13563 

This proposed action is authorized 

under 50 CFR 216.72(b) and is not 

significant for the purposes of Executive 

Orders 12866 and 13563. 

Regulatory Flexibility Act 

The Chief Counsel for Regulation, 

Department of Commerce, certified to 

the Chief Counsel for Advocacy of the 

Small Business Administration at the 

proposed action stage that it would not 

have a significant economic impact on 

a substantial number of small entities. 

The harvest of northern fur seals on the 

Pribilof Islands, Alaska, is for 

subsistence purposes only, and the 

estimate of subsistence need would not 

have an adverse economic impact on 

any small entities. Background 

information related to the certification 

was included in the proposed estimates 

published in the Federal Register on 

May 18, 2017 (82 FR 22797). We 

received no comments on this 

certification and are not aware of 

anything that would change the 

conclusion of the certification; therefore 

a regulatory flexibility analysis is not 

required for this action, and none has 

been prepared. 

Paperwork Reduction Act 

This action does not contain any 

collections of information subject to the 

Paperwork Reduction Act. 

Executive Order 13132—Federalism 

This action does not contain policies 

with federalism implications sufficient 

to warrant preparation of a federalism 

assessment under E.O. 13132 because 

this action does not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Nonetheless, 

NMFS worked closely with local 

governments in the Pribilof Islands, and 

these estimates of subsistence use and 

need were prepared by the local 

governments in St. Paul and St. George, 

with assistance from NMFS officials. 

Executive Order 13175—Native 

Consultation 

Executive Order 13175 of November 

6, 2000 (25 U.S.C. 450 Note), the 

executive Memorandum of April 29, 

1994 (25 U.S.C. 450 note), the American 

Indian Native Policy of the U.S. 

Department of Commerce (March 30, 

1995), the Department of Commerce’s 

Tribal Consultation Policy (including 

the Department of Commerce 

Administrative Order 218–8, April 26, 

2012), and the NOAA Procedures for 

Government-to-Government 

Consultation With Federally Recognized 

Indian Tribes and Alaska Native 

Corporations (November 12, 2013) 

outline the responsibilities of NMFS in 

matters affecting tribal interests. Section 

161 of Public Law 108–100 (188 Stat. 

452) as amended by section 518 of 

Public Law 108–447 (118 Stat. 3267) 

extends the consultation requirements 

of E.O. 13175 to Alaska Native 

corporations. NMFS contacted the tribal 

governments of St. Paul and St. George 

Islands and their respective local Native 

corporations (Tanadgusix and Tanaq) 

about setting the next three years’ 

subsistence requirements and 

considered their input in formulating 

the proposed action. NMFS notified the 

tribal governments and Native 

corporations when the proposed action 

published in the Federal Register for a 

30-day comment period (82 FR 22797, 

May 18, 2017); no comments were 

received. 

Executive Order 13175—Reducing 

Regulation and Controlling Regulatory 

Costs 

This rule is not expected to be an E.O. 

13771 regulatory action because this 

rule is not significant under E.O. 12866. 

Dated: August 11, 2017. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2017–17379 Filed 8–16–17; 8:45 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–XF615 

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 

coastwide General category fishery. 

SUMMARY: NMFS closes the coastwide 

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 September 

1, 2017. This action is being taken to 

prevent further overharvest of the 

General category June through August 

subquota and help ensure the fishery 

continues to the end of the calendar 

year. 

DATES: Effective 11:30 p.m., local time, 

August 16, 2017, through August 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, 


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39048 Federal Register / Vol. 82, No. 158 / Thursday, August 17, 2017 / Rules and Regulations 

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 § 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, NMFS has determined that 

the General category June through 

August 2017 subquota of 233.3 mt has 

been reached (i.e., as of August 10, 

reported landings are approximately 

259.0 mt). 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 

(while fishing commercially) must cease 

at 11:30 p.m. local time on August 16, 

2017. The General category will reopen 

automatically on September 1, 2017, for 

the September 2017 subperiod and there 

is additional quota available for October 

through December. 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 § 635.28(a)(1). The intent 

of this closure is to prevent any further 

overharvest of the available General 

category June through August BFT 

subquota and help ensure the fishery 

continues to the end of the calendar 

year. 

Fishermen 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. 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 

§ 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 

Android or iPhone 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 has already been 

exceeded. Delaying this action would be 

contrary to the public interest because 

the subquota has already been exceeded 

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: 6 U.S.C. 971 et seq. and 1801 et 

seq. 

Dated: August 11, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–17388 Filed 8–14–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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