[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)]
[Rules and Regulations]
[Pages 46614-46615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16893]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 130717632-4285-02]
RIN 0648-XE729
International Fisheries; Pacific Tuna Fisheries; 2016 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.
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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, 2016, because the 2016
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-13-01 (Multiannual Program for the Conservation
of Tuna in the Eastern Pacific Ocean During 2014-2016).
DATES: The rule is effective 12 a.m. local time July 25, 2016, through
11:59 p.m. local time December 31, 2016.
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[deg] N. and 50[deg] S.
parallels, and the 150[deg] 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 2013, the IATTC adopted Resolution C-13-01, which establishes an
annual catch limit of bigeye tuna for longline vessels over 24 meters.
For calendar years 2014, 2015, and 2016, 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 (79 FR 19487, April 9, 2014, 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 2016 catch limit is expected to be reached by
July 25, 2016. In accordance with 50 CFR 300.25(b), 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 July 25, 2016, through the end of
the 2016 calendar year. The 2017 fishing year is scheduled to open on
January 1, 2017; the bigeye tuna catch limit for longline vessels over
24 meters in overall length has yet to be determined for 2017. The
IATTC will meet in October 2016 and is scheduled to address tropical
tuna conservation and management, including the catch limit for large
longline vessels. Any measures adopted by the IATTC in October 2016
would subsequently be implemented by NMFS via rulemaking.
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 July
25, 2016, 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 August 8, 2016.
In the case of a vessel that has declared to NMFS that the
current trip type is shallow-set longlining, the 14-day limit to land
all bigeye in the previous paragraph is waived. However, the
prohibition on any additional retention of bigeye tuna still applies as
of July 25, 2016.
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.\1\
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\1\ In 50 CFR 300.25(b)(4)(ii), the reference to Sec. 665.21 is
outdated. The former 50 CFR 665.21 has been recodifed to Sec.
665.801.
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A U.S. fishing vessel over 24 meters in overall length
that is not on a declared shallow-set longline trip may not be used to
fish in the Pacific Ocean using longline gear both inside and outside
the IATTC Convention Area during the same fishing trip, with the
exception of a fishing trip that was already in progress when the
prohibitions were put into effect.
If a vessel over 24 meters in overall length not on a
declared shallow-set longline trip is used to fish in the Pacific Ocean
using longline gear outside the IATTC Convention Area, and the vessel
enters the IATTC 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
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
2016 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
[[Page 46615]]
and managing the fishery at optimum yield. Moreover, NMFS previously
solicited, and considered, public comments on the rule that established
the catch limit (79 FR 19487, April 9, 2014), including a provision for
issuing a notice to close the fishery, if necessary, to prevent
exceeding the catch limit. 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 Sec. 300.25(b) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 951 et seq.
Dated: July 13, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-16893 Filed 7-13-16; 4:15 pm]
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