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 


sradovich on DSK3GMQ082PROD with RULES
41564 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 

rule, Atlantic migratory group cobia that 

are sold are considered commercially 

caught, and those that are not sold are 

considered recreationally caught. 

The commercial quota for Atlantic 

migratory group cobia is 50,000 lb 

(22,680 kg), round or gutted weight, for 

the 2017 fishing year, from January 1 

through December 31, as specified in 50 

CFR 622.384(d)(2). 

The AMs for the commercial sector of 

Atlantic migratory group cobia, 

specified at 50 CFR 622.388(f)(1)(i), 

require that NMFS file a notification 

with the Office of the Federal Register 

to prohibit the sale and purchase of 

cobia for the remainder of the fishing 

year if commercial landings reach or are 

projected to reach the commercial quota 

specified in § 622.384(d)(2). The 

commercial AM is triggered for 2017, 

because NMFS projects that commercial 

landings of Atlantic migratory group 

cobia will reach the commercial quota 

on August 30, 2017. Accordingly, the 

commercial sector for Atlantic migratory 

group cobia is closed in the EEZ at 12:01 

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

and remains closed until it reopens at 

12:01 a.m., local time, January 1, 2018. 

During the commercial closure, the 

sale and purchase of Atlantic migratory 

group cobia is prohibited. Additionally, 

on January 24, 2017, NMFS closed the 

recreational sector for Atlantic 

migratory group cobia in the EEZ for the 

remainder of the 2017 fishing year (82 

FR 8363, January 25, 2017). Therefore, 

the possession limit for recreational 

Atlantic migratory group cobia in the 

EEZ is zero for the remainder of the 

2017 fishing year. The prohibition on 

sale and purchase does not apply to 

Atlantic migratory group cobia that were 

harvested, landed ashore, and sold prior 

to 12:01 a.m., local time, September 5, 

2017, and were held in cold storage by 

a dealer or processor. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

this temporary rule is necessary for the 

conservation and management of 

Atlantic migratory group cobia and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.388(f)(1)(i) and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action is based on the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries finds good cause to waive the 

requirements 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 prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the AMs for 

Atlantic migratory group cobia have 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the commercial 

closure for the remainder of the 2017 

fishing year. Prior notice and 

opportunity for public comment on this 

action would be contrary to the public 

interest, because of the need to 

immediately implement the commercial 

closure to protect Atlantic migratory 

group cobia, since the capacity of the 

fishing fleet allows for rapid harvest of 

the commercial quota. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest that exceeds the 

commercial quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: August 29, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–18611 Filed 8–29–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 170808738–7777–01] 

RIN 0648–BH11 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Groundfish Fishery; Fishing Year 2017; 

Emergency Removal of Southern 

Windowpane Accountability Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action; request for comments. 

SUMMARY: This emergency rule removes 

the 2017 southern windowpane 

flounder accountability measures for 

non-groundfish trawl vessels that were 

triggered as a result of a 2015 quota 

overage. The rule is necessary because 

new information indicates 2016 catch 

did not exceed the quota. This rule is 

intended to mitigate negative economic 

impacts to non-groundfish vessels, 

while maintaining conservation benefits 

for the southern windowpane flounder 

stock. 

DATES: Effective September 1, 2017, 

through February 28. 2018. Comments 

must be submitted by October 2, 2017. 

ADDRESSES: You may submit comments, 

identified by NOAA-NMFS-2017-0105 

by any of the following methods: 

• Electronic submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal. Go to 

www.regulations.gov/#!docketDetail;D=

NOAA-NMFS-2017-0105, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

John K. Bullard, Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope, ‘‘Comments on 

the Windowpane Emergency Action.’’ 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). 

FOR FURTHER INFORMATION CONTACT: Aja 

Szumylo, Fishery Policy Analyst, 

phone: 978–281–9195. 

SUPPLEMENTARY INFORMATION: On August 

1, 2017, we implemented accountability 

measures (AMs) in response to an 

overage of the 2015 southern 

windowpane flounder annual catch 

limit (ACL) (82 FR 35660). Due to data 

availability, AMs for windowpane 

flounder are typically implemented at 

the start of the second fishing year after 

an overage. The AMs require trawl 

vessels fishing in certain areas in 

southern New England to use selective 

trawl gear that limit flatfish catch. The 

southern windowpane AM areas apply 

to all groundfish trawl vessels. The AM 

areas also apply to non-groundfish trawl 

vessels fishing with a codend mesh size 

of 5 inches (12.7 cm) or greater, which 

includes vessels that target summer 


sradovich on DSK3GMQ082PROD with RULES