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
43712 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 

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 

§ 635.28(a)(1), to file a closure notice 

with the Office of the Federal Register 

for publication when a BFT quota (or 

subquota) 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, 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 § 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 (i.e., 81 mt of the available 

123.7 mt landed as of September 12, 

2017) as well as average catch rates and 

anticipated fishing conditions, NMFS 

has determined that the General 

category September subquota will be 

reached by September 17, 2017. 

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 must cease 

at 11:30 p.m. local time on September 

17, 2017. The General category will 

reopen automatically on October 1, 

2017, for the October through November 

2017 subperiod and there is additional 

quota available for December. This 

action applies to Atlantic tunas General 

category (commercial) permitted vessels 

and Highly Migratory Species (HMS) 

Charter/Headboat category permitted 

vessels, and is taken consistent with the 

regulations at § 635.28(a)(1). The intent 

of this closure is to prevent overharvest 

of the available General category 

September BFT subquota and help 

ensure reasonable fishing opportunities 

in each of the remaining subquota time 

periods. 

Fishermen may catch and release (or 

tag and release) BFT of all sizes, subject 

to the requirements of the catch-andrelease and tag-and-release programs at 

§ 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 

§ 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 HMS Catch 

Reporting 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 is projected to be 

reached shortly. Delaying this action 

would be contrary to the public interest 

because the subquota is projected to be 

reached shortly 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: 16 U.S.C. 971 et seq. and 1801 

et seq. 

Dated: September 13, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–19867 Filed 9–14–17; 4:15 pm] 

BILLING CODE 3510–22–P 


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