[Federal Register Volume 82, Number 158 (Thursday, August 17, 2017)]
[Rules and Regulations]
[Pages 39047-39048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17388]


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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.

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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 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,

[[Page 39048]]

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, 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 Sec.  
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-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 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