[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Rules and Regulations]
[Pages 83715-83716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28061]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 151023986-6763-02]
RIN 0648-XE284
Pacific Island Pelagic Fisheries; 2016 Commonwealth of the
Northern Mariana Islands Bigeye Tuna Fishery; Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS is closing the U.S. pelagic longline fishery for bigeye
tuna in the western and central Pacific Ocean because the fishery will
reach the 2016 allocation limit for the Commonwealth of the Northern
Mariana Islands (CNMI). This action is necessary to comply with
regulations managing this fish stock.
DATES: Effective 12:01 a.m. local time December 1, 2016, through
December 31, 2016.
FOR FURTHER INFORMATION CONTACT: Ariel Jacobs, NMFS PIRO Sustainable
Fisheries, 808-725-5182.
SUPPLEMENTARY INFORMATION: On July 22, 2016, NMFS restricted the
retention, transshipment and landing of bigeye tuna captured by
longline gear in the western and central Pacific Ocean (WCPO) because
the U.S. longline fishery reached 2016 U.S. bigeye tuna limit of 3,554
mt (81 FR 45982, July 15, 2016). Regulations at 50 CFR 300.224(d)
provide an exception to this closure for bigeye tuna caught by U.S.
longline vessels identified in a valid specified fishing agreement
under 50 CFR 665.819(c). Further, 50 CFR 665.819(c)(9) authorized NMFS
to attribute catches of bigeye tuna made by U.S. longline vessels
identified in a valid specified fishing agreement to the U.S. territory
to which the agreement applies.
Effective on September 9, 2016, NMFS specified a 2016 catch limit
of 2,000 mt of longline-caught bigeye tuna for the U.S. territories of
American Samoa, Guam and the Commonwealth of the Northern Mariana
Islands or CNMI (81 FR 63145, September 14, 2016). NMFS also authorized
each territory to allocate up to 1,000 mt of its 2,000 mt bigeye tuna
limit to U.S. longline fishing vessels permitted to fish under the
Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific
(FEP).
On September 9, 2016, the Western Pacific Fishery Management
Council, through its Executive Director, transmitted to NMFS a
specified fishing agreement between the CNMI and Quota Management, Inc.
(QMI) dated April 14, 2016. NMFS reviewed the agreement and determined
that it was consistent with the requirements at 50 CFR 665.819, the
FEP, the Magnuson-Stevens Fishery Conservation and Management Act, and
other applicable laws (81 FR 64356, September 20, 2016). The criteria
that a specified fishing agreement must meet, and the process for
attributing longline-caught bigeye tuna, followed the procedures in 50
CFR 665.819--Territorial catch and fishing effort limits.
In accordance with 50 CFR 300.224(d) and 50 CFR 665.819(c)(9), NMFS
began attributing bigeye tuna caught in the WCPO by vessels identified
in the CNMI/QMI agreement to the CNMI, beginning on September 9, 2016.
NMFS monitored catches of longline-caught bigeye tuna by the CNMI
longline fisheries, including catches made by U.S. longline vessels
operating under the CNMI/QMI agreement. Based on this monitoring, NMFS
forecasted that the
[[Page 83716]]
CNMI territorial allocation limit of 1,000 mt will be reached by
December 1, 2016, and is, as an accountability measure, prohibiting the
catch and retention of longline-caught bigeye tuna by vessels in the
CNMI/QMI agreement.
Notice of Closure and Temporary Rule
Effective 12:01 a.m. local time December 1, 2016, through December
31, 2016, NMFS closes the U.S. pelagic longline fishery for bigeye tuna
in the western and central Pacific Ocean as a result of the fishery
reaching the 2016 allocation limit of 1,000 mt for the CNMI.
During the closure, a U.S. fishing vessel operating under the CNMI/
QMI agreement may not retain on board, transship, or land bigeye tuna
captured by longline gear in the WCPO, except that any bigeye tuna
already on board a fishing vessel upon the effective date of the
restrictions may be retained on board, transshipped, and landed,
provided that they are landed within 14 days of the start of the
closure; that is, by December 15, 2016. Additionally, U.S. fishing
vessels operating under the CNMI/QMI agreement are also prohibited from
transshipping bigeye tuna caught in the WCPO by longline gear to any
vessel other than a U.S. fishing vessel with a valid permit issued
under 50 CFR 660.707 or 665.801.
During the closure, all other restrictions and requirements NMFS
established on July 22, 2016, as a result of the U.S. longline fishery
reaching the 2016 U.S. bigeye tuna limit of 3,554 mt (81 FR 45982, July
15, 2016) shall remain valid and effective.
If, prior to December 1, 2016, NMFS receives a valid specified
fishing agreement between a U.S. longline fishing vessel(s) and another
U.S. territory, any vessel included in the CNMI/QMI agreement that is
also included in the subsequent agreement may continue to transship,
retain, and land bigeye tuna caught by longline gear in the WCPO.
Additionally, if any such vessel is engaged in a longline fishing trip
in the WCPO on December 1, 2016, that vessel would not need to return
to port before December 15, 2016. NMFS would announce any valid
specified fishing agreement in the Federal Register.
Classification
There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice
and the opportunity for public comment on this action, because it would
be impracticable and contrary to public interest, as discussed below.
This rule closes the U.S. longline fishery for bigeye tuna in the WCPO
as a result of reaching the bigeye tuna allocation limit established by
the 2016 specification for catch and allocation limits of bigeye tuna
for the CNMI, and the specified fishing agreement between the
Government of the CNMI and QMI dated April 14, 2016.
NMFS forecasted that the fishery would reach the 2016 CNMI
allocation limit by December 1, 2016. Fishermen have been subject to
longline bigeye tuna limits in the western and central Pacific since
2009. They have received ongoing, updated information about the 2016
catch and progress of the fishery in reaching the U.S. bigeye tuna
limit via the NMFS Web site, social media, and other means. The
publication timing of this rule, moreover, provides longline fishermen
with seven days' advance notice of the closure date, and allows two
weeks to return to port and land their catch of bigeye tuna. This
action is intended to comply with regulations managing this stock, and,
accordingly NMFS finds it impracticable and contrary to the public
interest to have prior notice and public comment.
For the reasons stated above, there is also good cause under 5
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for this
temporary rule. NMFS must close the fishery to ensure that fishery does
not exceed the allocation limit. NMFS implemented the catch and
allocation limits for the CNMI consistent with management objectives to
sustainable manage the bigeye tuna stock and restore the stock to
levels capable of producing maximum sustainable yield on a continuing
basis. Failure to close the fishery before the limit is reached would
be inconsistent with bigeye tuna management objections and in violation
of Federal law.
This action is required by 50 CFR 665.819(d), and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 17, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-28061 Filed 11-17-16; 11:15 am]
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