43710 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 

Flexibility Act are not applicable to the 

listing process. 

In addition, this rule is exempt from 

review under Executive Order 12866. 

Paperwork Reduction Act 

This final rule does not contain a 

collection-of-information requirement 

for the purposes of the Paperwork 

Reduction Act. 

Executive Order 13132, Federalism 

In accordance with E.O. 13132, we 

determined that this final rule does not 

have significant federalism effects and 

that a federalism assessment is not 

required. 

List of Subjects 

50 CFR Part 223 

Endangered and threatened species, 

Exports, Transportation. 

50 CFR Part 224 

Endangered and threatened species, 

Exports, Imports, Transportation. 

Dated: September 14, 2017. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR parts 223 and 224 are 

amended as follows: 

PART 223—THREATENED MARINE 

AND ANADROMOUS SPECIES 

■ 1. The authority citation for part 223 

continues to read as follows: 

Authority: 16 U.S.C. 1531–1543; subpart 

B, §§ 223.201–202 also issued under 16 

U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for 

§ 223.206(d)(9). 

■ 2. In § 223.102, amend the table in 

paragraph (e) by adding a new entry 

under ‘‘Marine Mammals’’ in 

alphabetical order, by common name, to 

read as follows: 

§ 223.102 Enumeration of threatened 

marine and anadromous species. 

* * * * * 

(e) * * * 

Species 1

Citation(s) for listing 

determination(s) 

Critical 

habitat ESA rules 

Common name Scientific name Description of listed entity 

Marine Mammals 

Dolphin, Hector’s ................. Cephalorhynchus hectori hectori ............. Entire subspecies .............. [Insert Federal Register 

page where the document begins], September 

19, 2017.

NA NA 

* * * * * * * 

1Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and 

evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 

* * * * * 

PART 224—ENDANGERED MARINE 

AND ANADROMOUS SPECIES 

■ 3. The authority citation for part 224 

continues to read as follows: 

Authority: 16 U.S.C. 1531–1543 and 16 

U.S.C. 1361 et seq. 

■ 4. In § 224.101, amend the table in 

paragraph (h) by adding a new entry 

under ‘‘Marine Mammals’’ in 

alphabetical order, by common name, to 

read as follows: 

§ 224.101 Enumeration of endangered 

marine and anadromous species. 

* * * * * 

(h) * * * 

Species 1

Citation(s) for listing 

determination(s) 

Critical 

habitat ESA rules 

Common name Scientific name Description of listed entity 

Marine Mammals 

*******

Dolphin, Maui ...................... Cephalorhynchus hectori maui ................ Entire subspecies .............. [Insert Federal Register 

page where the document begins], September 

19, 2017.

NA NA 

* * * * * * * 

1Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and 

evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 

* * * * * 

[FR Doc. 2017–19903 Filed 9–18–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XF700 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification that the Northeast 

Distant Area (NED) quota is filled and 

Atlantic Tunas Longline Category 

Individual Bluefin Quota (IBQ) 

accounting rules now apply in the NED. 

SUMMARY: NMFS announces that the 25- 

mt quota available for Atlantic bluefin 

tuna bycatch (including landings and 

dead discards) by the Longline category 

in the Northeast Distant gear restricted 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 43711 

area (NED) was filled on September 12, 

2017. NMFS informs vessels fishing in 

the NED that they now must account for 

any bluefin tuna bycatch retained or 

discarded dead using Individual Bluefin 

Quota (IBQ) allocation available to the 

vessel. 

DATES: This notification is valid from 

September 12, 2017 to December 31, 

2017. 

FOR FURTHER INFORMATION CONTACT: Tom 

Warren 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 bluefin 

tuna by persons and vessels subject to 

U.S. jurisdiction are found at 50 CFR 

part 635. Section 635.27 subdivides the 

U.S. bluefin tuna 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 

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). 

The total U.S. bluefin tuna annual 

quota from ICCAT includes, as in 

previous years, a 25-mt set-aside for 

bluefin tuna bycatch related to pelagic 

longline fisheries operating in the 

vicinity of the ICCAT management area 

boundary. See ICCAT Recommendation 

14–05 and 80 FR 52198 (August 28, 

2015) (implementing the quota 

domestically). For management and 

monitoring purposes, NMFS 

implements this set-aside in the NED as 

quota available to Atlantic Tunas 

Longline category permitted vessels. 

Longline is not a permitted gear for 

directed fishing on bluefin tuna; any 

catch must be incidental to fishing for 

other species. Accounting for this 

bycatch includes all catch (landings and 

dead discards). The NED is defined as 

the Atlantic Ocean area bounded by 

straight lines connecting the following 

coordinates in the order stated: 35°00′ 

N. lat., 60°00′ W. long.; 55°00′ N. lat., 

60°00′ W. long.; 55°00′ N. lat., 20°00′ W. 

long.; 35°00′ N. lat., 20°00′ W. long.; 

35°00′ N. lat., 60°00′ W. long. 

The IBQ Program and the Northeast 

Distant Area (NED) 

Under Amendment 7, rules were 

implemented for Atlantic Tunas 

Longline category permitted vessels 

fishing in the NED. See 50 CFR 

635.15(b)(8). Any bluefin tuna bycatch 

by permitted vessels fishing with 

pelagic longline gear in the NED count 

toward the ICCAT-allocated separate 

NED quota (25 mt) until that quota has 

been filled. Prior to the NED quota being 

filled, the bluefin tuna accounting 

requirements of the IBQ Program do not 

apply to those vessels, under the 

provisions adopted in Amendment 7. 

Once the NED quota is filled, Atlantic 

Tunas Longline category permitted 

vessels may fish or continue to fish in 

the NED, but these vessels must then 

abide by the applicable requirements of 

the IBQ program, which requires 

individual vessel accounting for bluefin 

tuna bycatch using IBQ allocation 

available to the vessel (either through its 

own quota share or leasing allocation 

from another vessel). Bluefin tuna must 

be accounted for as described at 

§ 635.15(b)(4) and (5). 

Based on Atlantic bluefin tuna dealer 

data and IBQ system data, as of 

September 12, 2017, 40,763 lb (18.5 mt) 

of bluefin tuna has been landed, and 

254 lb (0.1 mt) of bluefin tuna has been 

discarded dead in the NED; an 

additional 21 bluefin tuna have been 

reported as retained through Vessel 

Monitoring System (VMS) bluefin tuna 

catch reports. These 21 retained bluefin 

tuna reported via VMS equate to 

approximately 13,230 lb (6.0 mt) of 

catch (based on the average weight of 

recently landed bluefin from the NED), 

which brings the total estimated bluefin 

tuna catch from the NED to 54,247 lb 

(24.6 mt). Based on these data, NMFS 

has determined that the 25 mt set-aside 

has been filled as of September 12, 

2017. 

Because the NED quota has been 

caught, vessels are notified that they 

must account for any bycatch of bluefin 

tuna (landings and/or dead discards) in 

the NED using IBQ allocation as 

specified in the regulations. 

§ 635.15(b)(8). NMFS has determined 

that the NED quota of 25 mt was 

attained as of September 12, 2017. Thus, 

the IBQ online system will start 

accounting for bluefin tuna bycatch 

from the NED utilizing IBQ as of that 

date. 

NMFS will continue to monitor 

bluefin tuna bycatch by vessels fishing 

with pelagic longline gear using VMS 

and dealer data, as well as monitor the 

accounting for such catch in the IBQ 

system, to ensure that vessels are 

accountable for their individual bluefin 

bycatch and that quotas are managed 

consistent with the 2006 Consolidated 

HMS FMP and U.S. international quota 

obligations. For fishery updates, 

fishermen may call the Atlantic Tunas 

Information Line at (888) 872–8862 or 

(978) 281–9260, access the following 

internet address: www.hmspermits.

noaa.gov. 

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

et seq. 

Dated: September 14, 2017. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2017–19914 Filed 9–14–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 150121066–5717–02] 

RIN 0648–XF699 

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 

General category fishery. 

SUMMARY: NMFS closes the 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 October 1, 2017. This action 

is being taken to prevent overharvest of 

the General category September 2017 

BFT subquota and help ensure 

reasonable fishing opportunities in each 

of the remaining subquota time periods. 

DATES: Effective 11:30 p.m., local time, 

September 17, 2017, through September 

30, 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 


asabaliauskas on DSKBBXCHB2PROD with RULES