41562 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

Authority: 47 U.S.C. 154, 303, and 307(e), 

unless otherwise noted. 

■ 18. Section 87.303 is amended by 

revising paragraph (d)(1) and adding 

paragraph (d)(4) to read as follows: 

§ 87.303 Frequencies. 

* * * * * 

(d) * * * 

(1) Frequencies in the 1435–1525 

MHz and 2360–2395 MHz bands are 

assigned in the mobile service primarily 

for aeronautical telemetry and 

associated telecommand operations for 

flight testing of aircraft and missiles, or 

their major components. Until January 

1, 2020, the 2345–2360 MHz band is 

also available to licensees holding a 

valid authorization on April 23, 2015 for 

these purposes on a secondary basis. 

Permissible uses of these bands include 

telemetry and associated telecommand 

operations associated with the 

launching and reentry into the Earth’s 

atmosphere, as well as any incidental 

orbiting prior to reentry, of objects 

undergoing flight tests. In the 1435– 

1525 MHz band, the following 

frequencies are shared on a co-equal 

basis with flight telemetering mobile 

stations: 1444.5, 1453.5, 1501.5, 1515.5, 

and 1524.5 MHz. In the 2360–2395 MHz 

band, the following frequencies may be 

assigned for telemetry and associated 

telecommand operations of expendable 

and re-usable launch vehicles, whether 

or not such operations involve flight 

testing: 2364.5, 2370.5 and 2382.5 MHz. 

All other mobile telemetry uses of the 

2360–2395 MHz band shall be on a noninterfering and unprotected basis to the 

above uses. 

* * * * * 

(4) Frequencies in the bands 1435– 

1525 MHz are also available for low 

power auxiliary station use on a 

secondary basis. 

* * * * * 

PART 90—PRIVATE LAND MOBILE 

RADIO SERVICES 

■ 19. The authority citation for part 90 

continues to read as follows: 

Authority: Sections 4(i), 11, 303(g), 303(r), 

and 332(c)(7) of the Communications Act of 

1934, as amended, 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7), and Title VI of 

the Middle Class Tax Relief and Job Creation 

Act of 2012, Pub. L. 112–96, 126 Stat. 156. 

■ 20. Section 90.265 is amended by 

revising paragraph (b) introductory text 

and paragraph (b)(1) to read as follows: 

§ 90.265 Assignment and use of 

frequencies in the bands allocated for 

Federal use. 

* * * * * 

(b) The following frequencies are 

available for wireless microphone 

operations to eligibles in this part, 

subject to the provisions of this 

paragraph: 

Frequencies (MHz) 

169.445 

169.505 

169.545 

169.575 

169.605 

169.995 

170.025 

170.055 

170.245 

170.305 

171.045 

171.075 

171.105 

171.845 

171.875 

171.905 

(1) On center frequencies 169.575 

MHz, 170.025 MHz, 171.075 MHz, and 

171.875 MHz, the emission bandwidth 

shall not exceed 200 kHz. On the other 

center frequencies listed in this 

paragraph (b), the emission bandwidth 

shall not exceed 54 kHz. 

* * * * * 

[FR Doc. 2017–17442 Filed 8–31–17; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 170223197–7311–01] 

RIN 0648–XF605 

International Fisheries; Pacific Tuna 

Fisheries; 2017 Bigeye Tuna Longline 

Fishery Closure in the Eastern Pacific 

Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is temporarily closing 

the U.S. pelagic longline fishery for 

bigeye tuna for vessels over 24 meters in 

overall length in the eastern Pacific 

Ocean (EPO) through December 31, 

2017, because the 2017 catch limit of 

500 metric tons is expected to be 

reached. This action is necessary to 

prevent the fishery from exceeding the 

applicable catch limit established by the 

Inter-American Tropical Tuna 

Commission (IATTC) in Resolution C– 

17–01 (Conservation of Tuna in the 

Eastern Pacific Ocean during 2017). 

DATES: The rule is effective 12:00 a.m. 

local time September 8, 2017, through 

11:59 p.m. local time December 31, 

2017. 

FOR FURTHER INFORMATION CONTACT: 

Taylor Debevec, NMFS West Coast 

Region, 562–980–4066. 

SUPPLEMENTARY INFORMATION: The 

United States is a member of the IATTC, 

which was established under the 

Convention for the Establishment of an 

Inter-American Tropical Tuna 

Commission signed in 1949 

(Convention). The Convention provides 

an international agreement to ensure the 

effective international conservation and 

management of highly migratory species 

of fish in the IATTC Convention Area. 

The IATTC Convention Area, as 

amended by the Antigua Convention, 

includes the waters of the EPO bounded 

by the coast of the Americas, the 50° N. 

and 50° S. parallels, and the 150° W. 

meridian. 

Pelagic longline fishing in the EPO is 

managed, in part, under the Tuna 

Conventions Act as amended (Act), 16 

U.S.C. 951–962. Under the Act, NMFS 

must publish regulations to carry out 

recommendations of the IATTC that 

have been approved by the Department 

of State (DOS). Regulations governing 

fishing by U.S. vessels in accordance 

with the Act appear at 50 CFR part 300, 

subpart C. These regulations implement 

IATTC recommendations for the 

conservation and management of highly 

migratory fish resources in the EPO. 

In 2017, the IATTC adopted 

Resolution C–17–01, which establishes 

an annual catch limit of bigeye tuna for 

longline vessels over 24 meters. For 

calendar year 2017, the catch of bigeye 

tuna by longline gear in the IATTC 

Convention Area by fishing vessels of 

the United States that are over 24 meters 

in overall length is limited to 500 metric 

tons per year. With the approval of the 

DOS, NMFS implemented this catch 

limit by notice-and-comment 

rulemaking under the Act (82 FR 17382, 

April 11, 2017, and codified at 50 CFR 

300.25). 

NMFS, through monitoring the 

retained catches of bigeye tuna using 

logbook data submitted by vessel 

captains and other available information 

from the longline fisheries in the IATTC 

Convention Area, has determined that 

the 2017 catch limit is expected to be 

reached by September 8, 2017. In 

accordance with 50 CFR 300.25(a), this 

Federal Register notice announces that 

the U.S. longline fishery for bigeye tuna 

in the IATTC Convention Area will be 

closed for vessels over 24 meters in 

overall length starting on September 8, 

2017, through the end of the 2017 


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Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41563 

calendar year. The 2018 fishing year is 

scheduled to open on January 1, 2018; 

the bigeye tuna catch limit for longline 

vessels over 24 meters in overall length 

has yet to be established through 

domestic rulemaking, though, the 

IATTC agreed to a U.S. limit of 750 mt 

in a new resolution (C–17–02) at the 

92nd Meeting in July 2017. 

During the closure, a U.S. fishing 

vessel over 24 meters in overall length 

may not be used to retain on board, 

transship, or land bigeye tuna captured 

by longline gear in the IATTC 

Convention Area, except as follows: 

• Any bigeye tuna already on board a 

fishing vessel on September 8, 2017, 

may be retained on board, transshipped, 

and/or landed, to the extent authorized 

by applicable laws and regulations, 

provided all bigeye tuna are landed 

within 14 days after the effective date of 

this rule, that is, no later than 

September 22, 2017. 

• The 14-day limit is waived in the 

case of a U.S. fishing vessel that has 

already declared to NMFS, pursuant to 

50 CFR 665.803(a), that the current trip 

type is shallow-setting. However, the 

number of bigeye tuna retained on 

board, transshipped, or landed must not 

exceed the number on board the vessel 

on September 22, 2017, as recorded by 

the NMFS observer on board the vessel. 

Other prohibitions during the closure 

include the following: 

• Bigeye tuna caught by a United 

States vessel over 24 meters in overall 

length with longline gear in the IATTC 

Convention Area may not be 

transshipped to a fishing vessel unless 

that fishing vessel is operated in 

compliance with a valid permit issued 

under 50 CFR 660.707 or 665.801. 

• A fishing vessel of the United States 

over 24 meters in overall length may not 

be used to fish in the Pacific Ocean 

using longline gear both inside and 

outside the Convention Area during the 

same fishing trip. The only exceptions 

are: a fishing trip during which the 

closure date was announced, and a trip 

for which a declaration has been made 

to NMFS, pursuant to 50 CFR 

665.803(a), that the current trip is 

shallow-setting. 

• If a fishing vessel of the United 

States over 24 meters in overall length 

is used to fish in the Pacific Ocean using 

longline gear outside the Convention 

Area and the vessel enters the 

Convention Area at any time after 

September 8, 2017, on the same fishing 

trip, the longline gear on the fishing 

vessel must be stowed in a manner so 

as not to be readily available for fishing. 

Specifically, the hooks, branch or 

dropper lines, and floats used to buoy 

the mainline must be stowed and not 

available for immediate use, and any 

power-operated mainline hauler on 

deck must be covered in such a manner 

that it is not readily available for use. 

This provision does not apply to trips in 

which vessels have made a declaration 

to NMFS, pursuant to 50 CFR 

665.803(a), that the trip type is shallowsetting. 

Classification 

NMFS has determined there is good 

cause to waive prior notice and 

opportunity for public comment 

pursuant to 5 U.S.C. 553(b)(B). This 

action is based on the best available 

information and is necessary for the 

conservation and management of bigeye 

tuna. Compliance with the notice and 

comment requirement would be 

impracticable and contrary to the public 

interest because NMFS would be unable 

to ensure that the 2017 bigeye tuna 

catch limit applicable to longline 

vessels over 24 meters is not exceeded. 

The annual catch limit is an important 

mechanism to ensure that the United 

States complies with its international 

obligations in preventing overfishing 

and managing the fishery at optimum 

yield. For the same reasons, NMFS has 

also determined there is good cause to 

waive the requirement for a 30-day 

delay in effectiveness under 5 U.S.C. 

553(d)(3). 

This action is required by § 300.25(a) 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 951 et seq. 

Dated: August 29, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–18577 Filed 8–29–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101206604–1758–02] 

RIN 0648–XF652 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2017 

Commercial Accountability Measures 

and Closure for Atlantic Migratory 

Group Cobia 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for 

Atlantic migratory group cobia that are 

sold (commercial) and harvested from 

the exclusive economic zone (EEZ) of 

the Atlantic. NMFS projects that 

commercial landings of Atlantic 

migratory group cobia have reached the 

commercial quota. Therefore, NMFS 

closes the commercial sector for 

Atlantic migratory group cobia in the 

EEZ on September 5, 2017, and it will 

remain closed until the next fishing year 

that begins on January 1, 2018. This 

closure is necessary to protect the 

resource of Atlantic migratory group 

cobia. 

DATES: This rule is effective from 12:01 

a.m., local time, September 5, 2017, 

until 12:01 a.m., local time, January 1, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Frank Helies, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

frank.helies@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

includes king mackerel, Spanish 

mackerel, and cobia, and is managed 

under the Fishery Management Plan for 

Coastal Migratory Pelagic Resources in 

the Gulf of Mexico and Atlantic Region 

(FMP). The FMP was prepared by the 

Gulf of Mexico and South Atlantic 

Fishery Management Councils and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

Separate migratory groups of cobia 

were established in Amendment 18 to 

the FMP (76 FR 82058, December 29, 

2011), and then revised in Amendment 

20B to the FMP (80 FR 4216, January 27, 

2015). The southern boundary for 

Atlantic migratory group cobia occurs at 

a line that extends due east of the 

Florida and Georgia state border at 

30°42′45.6′′ N. lat. The northern 

boundary for Atlantic migratory group 

cobia is the jurisdictional boundary 

between the Mid-Atlantic and New 

England Fishery Management Councils, 

as specified in 50 CFR 600.105(a). 

Atlantic migratory group cobia are 

unique among federally managed 

species in the southeast region, because 

no commercial permit is required to 

harvest and sell them. The distinction 

between commercial and recreational 

sectors is not as clear as other federally 

managed species in the southeast 

region. For example, regulations at 50 

CFR part 622 specify quotas, annual 

catch limits, and AMs for cobia that are 

sold and cobia that are not sold. 

However, for purposes of this temporary 


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