41356 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 150121066–5717–02] 

RIN 0648–XF634 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

General category retention limit 

adjustment. 

SUMMARY: The Atlantic bluefin tuna 

(BFT) General category is currently 

closed and will reopen on September 1, 

2017. NMFS is updating the adjustment 

of the BFT General category daily 

retention limit that will take effect 

beginning September 1, 2017, from the 

recently adopted two large medium or 

giant BFT per vessel per day/trip to one 

large medium or giant BFT per vessel 

per day/trip. This action is based on 

updated information about the 

availability of BFT and quota after 

considering the regulatory 

determination criteria regarding 

inseason adjustments and applies to 

Atlantic Tunas General category 

(commercial) permitted vessels and 

Highly Migratory Species (HMS) 

Charter/Headboat category permitted 

vessels when fishing commercially for 

BFT. 

DATES: Effective September 1, 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 Atlantic 

Consolidated Highly Migratory Species 

Fishery Management Plan (2006 

Consolidated HMS FMP) (71 FR 58058, 

October 2, 2006), as amended by 

Amendment 7 to the 2006 Consolidated 

HMS FMP (Amendment 7) (79 FR 

71510, December 2, 2014), and in 

accordance with implementing 

regulations. NMFS is required under 

ATCA and the Magnuson-Stevens Act to 

provide U.S. fishing vessels with a 

reasonable opportunity to harvest the 

ICCAT-recommended quota. 

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). 

Adjustment of General Category Daily 

Retention Limit 

The default General category retention 

limit is one large medium or giant BFT 

(measuring 73 inches (185 cm) curved 

fork length (CFL) or greater) per vessel 

per day/trip (§ 635.23(a)(2)). 

Thus far this year, NMFS adjusted the 

daily retention limit for the 2017 

January subquota period from the 

default level of one large medium or 

giant BFT to three large medium BFT 

(81 FR 91873, December 19, 2016). 

NMFS closed the January 2017 fishery 

on March 29 (82 FR 16136, April 3, 

2017). NMFS adjusted the daily 

retention limit from the default level of 

one large medium or giant BFT to four 

large medium or giant BFT for the June 

through August 2017 subquota period 

(82 FR 22616, May 17, 2017). Effective 

August 5, 2017, NMFS reduced the 

daily retention limit from four to two 

large medium or giant BFT for the 

remainder of 2017, and indicated that, 

if needed, additional adjustments would 

be published in the Federal Register (82 

FR 36689, August 7, 2017). Upon 

determining that the June through 

August 2017 subquota of 233.3 mt had 

been reached, NMFS closed the General 

category fishery for the June through 

August period effective August 16, 2017 

(82 FR 39047, August 17, 2017). 

Under § 635.23(a)(4), NMFS may 

increase or decrease the daily retention 

limit of large medium and giant BFT 

over a range of zero to a maximum of 

five per vessel based on consideration of 

the relevant criteria provided under 

§ 635.27(a)(8). NMFS has considered the 

relevant regulatory determination 

criteria and their applicability to the 

General category BFT retention limit for 

the September, October through 

November, and December subquota time 

periods. These considerations include, 

but are not limited to, the following: 

NMFS considered the catches and 

catch rates of the General category quota 

to date (including during the summer/ 

fall and winter fisheries in the last 

several years), and the likelihood of 

closure of that segment of the fishery if 

no adjustment is made (§ 635.27(a)(8)(ii) 

and (ix)). NMFS previously considered 

catch and catch rate information from 

July and August and determined that a 

two-fish limit was appropriate for the 

remainder of the year. Subsequently, 

however, a large number of landings 

occurred in a short time period, 

increasing the overall daily catch rates 

and indicating increased availability of 

fish on the fishing grounds, and 

participation in the fishery. Through the 

August 16, 2017 General category 

closure date, 2017 General category 

landings were approximately 433 mt, 

which is 93 and 85 percent of the 

annual base and adjusted 2017 General 

category quotas, respectively. Landings 

from June 1 through the August 16 

closure date were 325.3 mt, representing 

139 percent of the General category 

subquota for the June 1 through August 

31 period. NMFS anticipates that 

commercial-size BFT will be readily 

available to vessels fishing under the 

General category quota. If the catch rates 

of approximately 6 mt per day under the 

two-fish daily limit established in the 

August 7 Federal Register document 

were to continue when the fishery 

reopens on September 1, the available 

subquotas for the September, October 

through November, and December could 

be reached or exceeded quickly, and 

NMFS would need to close the fishery 

earlier than otherwise would be 

necessary under a lower limit. Thus, 

while NMFS anticipates that 

commercial-size bluefin tuna will be 

readily available to vessels fishing 


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Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 41357 

under the General category quota when 

the fishery reopens, current catch rates 

indicate a reduction from two fish to 

one fish is warranted. 

Another relevant criterion is the 

effects of catch rates in one area 

precluding vessels in another area from 

having a reasonable opportunity to 

harvest a portion of the category’s quota 

(§ 635.27(a)(8)(viii)). NMFS anticipates 

that 108.38 mt of underharvest of the 

2016 adjusted U.S. BFT quota will be 

carried forward to 2017 to the Reserve 

category, in accordance with the 

regulations, in the coming weeks. This 

increases the likelihood that General 

category quota will remain available 

through the end of 2017, provided 

retention limits are managed 

accordingly. Last fall, General category 

landings were relatively high due to a 

combination of fish availability, 

favorable fishing conditions, and higher 

daily retention limits (five fish per day 

for June 1 through October 8, four fish 

effective October 9 through October 16, 

and two fish effective October 17 

through November 3). Given these 

conditions, NMFS transferred 125 mt 

from the Reserve category (81 FR 70369, 

October 12, 2016) and later transferred 

another 85 mt (18 mt from the Harpoon 

category and 67 mt from the Reserve 

category) (81 FR 71639, October 18, 

2016). Nevertheless, NMFS had to close 

the 2016 General category fishery 

effective November 4 to prevent further 

overharvest of the adjusted General 

category quota. For 2017, NMFS again 

intends to provide General category 

participants in all areas and time 

periods opportunities to harvest the 

General category quota without 

exceeding it, through active inseason 

management such as retention limit 

adjustments and/or the timing and 

amount of quota transfers (based on 

consideration of the determination 

criteria regarding inseason adjustments), 

while extending the season as long as 

practicable. 

Regarding the usefulness of 

information obtained from catches in 

the particular category for biological 

sampling and monitoring of the status of 

the stock (§ 635.27(a)(8)(i)), biological 

samples collected from BFT landed by 

General category fishermen and 

provided by BFT dealers continue to 

provide NMFS with valuable data for 

ongoing scientific studies of BFT age 

and growth, migration, and reproductive 

status. Prolonged opportunities to land 

BFT over the longest time-period 

allowable would support the collection 

of a broad range of data for these studies 

and for stock monitoring purposes. 

NMFS also considered the effects of 

the adjustment on BFT rebuilding and 

overfishing and the effects of the 

adjustment on accomplishing the 

objectives of the FMP (§ 635.27(a)(8)(v) 

and (vi)). The adjusted retention limit 

would be consistent with the quotas 

established and analyzed in the BFT 

quota final rule (80 FR 52198, August 

28, 2015), and with objectives of the 

2006 Consolidated HMS FMP and 

amendments, and is not expected to 

negatively impact stock health or to 

affect the stock in ways not already 

analyzed in those documents. It is also 

important that NMFS limit landings to 

the subquotas both to adhere to the FMP 

quota allocations and to ensure that 

landings are as consistent as possible 

with the pattern of fishing mortality 

(e.g., fish caught at each age) that was 

assumed in the projections of stock 

rebuilding. 

Another principal consideration in 

setting the retention limit is the 

objective of providing opportunities to 

harvest the full General category quota 

without exceeding it based on the goals 

of the 2006 Consolidated HMS FMP and 

amendments, including to achieve 

optimum yield on a continuing basis 

and to optimize the ability of all permit 

categories to harvest their full BFT 

quota allocations (related to 

§ 635.27(a)(8)(x)). 

Based on these considerations, NMFS 

has determined that a one-fish General 

category retention limit is warranted for 

the remainder of the year. It would 

provide a reasonable opportunity to 

harvest the U.S. quota of BFT without 

exceeding it, while maintaining an 

equitable distribution of fishing 

opportunities, help optimize the ability 

of the General category to harvest its 

available quota, allow collection of a 

broad range of data for stock monitoring 

purposes, and be consistent with the 

objectives of the 2006 Consolidated 

HMS FMP and amendments. Therefore, 

NMFS adjusts the General category 

retention limit from two to one large 

medium or giant BFT per vessel per 

day/trip, effective when the General 

category fishery reopens on September 

1, 2017, through December 31, 2017. 

Depending on the level of fishing effort 

and catch rates of BFT, NMFS may 

determine that additional adjustments 

are necessary to ensure available quota 

is not exceeded or to enhance scientific 

data collection from, and fishing 

opportunities in, all geographic areas. 

Regardless of the duration of a fishing 

trip, no more than a single day’s 

retention limit may be possessed, 

retained, or landed. For example (and 

specific to the limit that will apply 

beginning September 1, 2017), whether 

a vessel fishing under the General 

category limit takes a two-day trip or 

makes two trips in one day, the daily 

limit of one fish may not be exceeded 

upon landing. This General category 

retention limit is effective in all areas, 

except for the Gulf of Mexico, where 

NMFS prohibits targeting fishing for 

BFT, and applies to those vessels 

permitted in the General category, as 

well as to those HMS Charter/Headboat 

permitted vessels fishing commercially 

for BFT. 

Monitoring and Reporting 

NMFS will continue to monitor the 

BFT fishery closely. Dealers are required 

to submit landing reports within 24 

hours of a dealer receiving BFT. General 

and HMS Charter/Headboat 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. If needed, 

subsequent adjustments will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (978) 

281–9260, or access 

hmspermits.noaa.gov, for updates on 

quota monitoring and inseason 

adjustments. 

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: 

Prior notice and an opportunity for 

public comment is impracticable 

because the regulations implementing 

the 2006 Consolidated HMS FMP, as 

amended, intended that inseason 

retention limit adjustments would allow 

the agency to respond quickly 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. Based on 

available BFT quotas, fishery 

performance in recent years, and the 

availability of BFT on the fishing 

grounds, adjustment to the General 

category BFT daily retention limit from 

the default level is warranted. 

Delays in adjusting the retention limit 

may result in the available quota being 

reached or exceeded and NMFS needing 

to close the fishery earlier than 

otherwise would be necessary under a 

lower limit. Such delays could 

adversely affect those General and HMS 

Charter/Headboat category vessels that 

would otherwise have an opportunity to 

harvest BFT if the fishery were to 

remain open for as long as feasible 

throughout the remaining subquota 


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41358 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 

periods. Limited opportunities to 

harvest the respective quotas may have 

negative social and economic impacts 

for U.S. fishermen that depend upon 

catching the available quota within the 

time periods designated in the 2006 

Consolidated HMS FMP, as amended. 

Adjustment of the retention limit needs 

to be effective September 1, 2017, to 

extend fishing opportunities for 

fishermen in all geographic areas, 

consistent with objectives of the 2006 

Consolidated HMS FMP and provide 

equitable opportunities. 

Prior notice and an opportunity for 

public comment is also impracticable 

for the retention limit adjustment to one 

fish for the September and subsequent 

subquota periods. By adopting the onefish limit for the remainder of the year 

through this action, NMFS avoids 

confusion that would arise for the 

regulated community from two inseason 

actions adopting the same limit. 

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 these 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 

§ 635.23(a)(4), and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: August 28, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–18493 Filed 8–28–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF656 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch in the 

Central Aleutian district (CAI) of the 

Bering Sea and Aleutian Islands 

management area (BSAI) by vessels 

participating in the BSAI trawl limited 

access fishery. This action is necessary 

to prevent exceeding the 2017 total 

allowable catch (TAC) of Pacific ocean 

perch in the CAI allocated to vessels 

participating in the BSAI trawl limited 

access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 28, 2017, through 

2400 hrs, A.l.t., December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2017 TAC of Pacific ocean perch, 

in the CAI, allocated to vessels 

participating in the BSAI trawl limited 

access fishery was established as a 

directed fishing allowance of 619 metric 

tons by the final 2017 and 2018 harvest 

specifications for groundfish in the 

BSAI (82 FR 11826, February 27, 2017). 

In accordance with § 679.20(d)(1)(iii), 

the Regional Administrator finds that 

this directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

ocean perch in the CAI by vessels 

participating in the BSAI trawl limited 

access fishery. 

After the effective dates of this 

closure, the maximum retainable 

amounts at § 679.20(e) and (f) apply at 

any time during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA) finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such a requirement 

is impracticable and contrary to the 

public interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of the Pacific ocean 

perch directed fishery in the CAI for 

vessels participating in the BSAI trawl 

limited access fishery. NMFS was 

unable to publish a document providing 

time for public comment because the 

most recent, relevant data only became 

available as of August 25, 2017. The 

Acting AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 28, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–18496 Filed 8–28–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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