Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations 37825 

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 

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 

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 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of 

Angling category northern area trophy 

fishery. 

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 


sradovich on DSK3GMQ082PROD with RULES
37826 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations 

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 

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 

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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