[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)]
[Rules and Regulations]
[Pages 65887-65888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-26450]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 110620342-1659-03]
RIN 0648-XC922
International Fisheries; Pacific Tuna Fisheries; 2013 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; fishery closure.
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SUMMARY: NMFS is closing the U.S. pelagic longline fishery for bigeye
tuna in the eastern Pacific Ocean (EPO) as a result of the fishery
reaching the 2013 catch limit of 500 metric tons. This action is
intended to limit fishing mortality on bigeye tuna caused by
[[Page 65888]]
longline fishing in the EPO, and contribute to the long-term
conservation of bigeye tuna at levels that support healthy fisheries.
DATES: Effective November 11, 2013 through December 31, 2013.
FOR FURTHER INFORMATION CONTACT: Heidi Taylor, NMFS West Coast Region,
562-980-4039.
SUPPLEMENTARY INFORMATION: Pelagic longline fishing in the eastern
Pacific Ocean is managed, in part, under the Tuna Conventions Act of
1950 (Act), 16 U.S.C. 951-962. Under the Act, NMFS must publish
regulations to carry out recommendations of the Inter-American Tropical
Tuna Commission (IATTC) that have been approved by the Department of
State (DOS). 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) to
provide an international arrangement to ensure the effective
international conservation and management of highly migratory species
of fish in the Convention Area.
The Convention Area for this purpose is defined to include the
waters of the eastern Pacific bounded by the coast of the Americas, the
50[deg] N. and 50[deg] S. parallels, and the 150[deg] W. meridian.
Regulations governing fishing by U.S. vessels in accordance with the
Act appear at 50 CFR part 300, subpart C. Those regulations implement
recommendations of the IATTC for the conservation and management of
highly migratory fish resources in the eastern Pacific Ocean.
The IATTC has recommended, and the DOS approved, annual catch
limits of bigeye tuna for U.S. longline vessels. For calendar year
2013, the catch and landing of bigeye tuna by longline gear in the
Convention Area by fishing vessels of the United States that are over
24 meters in overall length is limited to 500 metric tons (76 FR 68332,
November 4, 2011, and codified at 50 CFR 300.25).
NMFS monitored the retained catches of bigeye tuna using logbook
data submitted by vessel captains and other available information, and
determined that the 2013 catch limit is expected to be reached on or by
November 8, 2013. In accordance with 50 CFR 300.25(b), this temporary
rule serves as advance notification to fishermen, the fishing industry,
and the public that the U.S. longline fishery for bigeye tuna in the
Convention Area will be closed starting on November 11, 2013, through
the end of the 2013 calendar year. The 2014 fishing year is scheduled
to open on January 1, 2014.
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 Convention Area, except as
follows:
Any bigeye tuna already on board a fishing vessel upon the
effective date of the prohibitions may be retained on board,
transshipped, and/or landed, to the extent authorized by applicable
laws and regulations, provided that they are landed within 14 days
after the prohibitions become effective, that is, by November 18, 2013.
In the case of a vessel that has declared to NMFS that the
current trip type is shallow-setting, the 14-day limit is waived, but
the number of bigeye tuna retained on board, transshipped, or landed
must not exceed the number on board the vessel upon the effective date
of the prohibitions, as recorded by the NMFS observer on board the
vessel.
Bigeye tuna caught by longline gear used on a vessel of
the United States over 24 meters in the Convention Area may not be
transshipped to a fishing vessel unless that fishing vessel is operated
in compliance with a valid permit issued under Sec. 660.707 or Sec.
665.801.
A fishing vessel of the United States over 24 meters,
other than a vessel for which a declaration has been made to NMFS that
the current trip is shallow-setting, 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, with the exception of a
fishing trip during which the prohibitions were put into effect.
If a vessel over 24 meters that is not on a declared
shallow-set trip 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 during 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 lines, and
floats 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.
Classification
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,
since NMFS would be unable to ensure that the 2013 bigeye tuna catch
limit is not exceeded. The annual catch limit is an important mechanism
to ensure that the U.S. complies with its international obligations in
preventing overfishing and managing the fishery at optimum yield.
Moreover, NMFS previously solicited public comments on the rule that
established the catch limit (76 FR 68332, November 4, 2011). For the
same reasons, there is good cause to establish an effective date less
than 30 days after date of publication of this notice.
This action is required by Sec. 300.25(b) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 951-962 et seq.
Dated: October 31, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-26450 Filed 10-31-13; 4:15 pm]
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