[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Rules and Regulations]
[Pages 36341-36344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16456]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 170329334-7665-01]
RIN 0648-BG78
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Bigeye Tuna Catch Limits in Longline
Fisheries for 2017
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim rule; request for comments.
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SUMMARY: NMFS issues regulations under authority of the Western and
Central Pacific Fisheries Convention Implementation Act (WCPFC
Implementation Act) to modify a limit on the amount of bigeye tuna
(Thunnus obesus) that may be captured by U.S. longline vessels in the
western and central Pacific Ocean (WCPO), to 3,138 metric tons (mt) for
calendar year 2017. The limit does not apply to vessels in the longline
fisheries of American Samoa, Guam, or the Commonwealth of the Northern
Mariana Islands (CNMI). Once the limit of 3,138 mt is reached in 2017,
retaining, transshipping, or landing bigeye tuna caught in the area of
application of the Convention on the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
(Convention), which comprises the majority of the WCPO, will be
prohibited for the remainder of the calendar year, with certain
exceptions. This action is necessary for the United States to satisfy
its obligations under the Convention, to which it is a Contracting
Party.
DATES: Effective on August 4, 2017. Comments must be submitted in
writing by September 5, 2017.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0085, and the regulatory impact review (RIR) prepared
for the interim rule, by either of the following methods:
Electronic submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0085,
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
- OR -
Mail: Submit written comments to Michael D. Tosatto,
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO),
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
might not be considered by NMFS. All comments received are a part of
the public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name and address), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the RIR, and the programmatic environmental assessment
and supplemental information report prepared for National Environmental
Policy Act purposes are available at www.regulations.gov or may be
obtained from Michael D. Tosatto, Regional Administrator, NMFS PIRO
(see address above)
FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808-725-5033.
SUPPLEMENTARY INFORMATION:
Background on the Convention
A map showing the boundaries of the area of application of the
Convention (Convention Area), which comprises the majority of the WCPO,
can be found on the WCPFC Web site at: www.wcpfc.int/doc/convention-area-map. The Convention focuses on the conservation and management of
highly migratory species (HMS) and the management of fisheries for HMS.
The objective of the Convention is to ensure, through effective
management, the long-term conservation and sustainable use of HMS in
the WCPO. To accomplish this objective, the Convention established the
Commission on the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean (Commission or WCPFC).
The Commission includes Members, Cooperating Non-members, and
Participating Territories (hereafter, collectively ``Members''). The
United States is a Member. American Samoa, Guam, and the CNMI are
Participating Territories.
As a Contracting Party to the Convention and a Member of the
Commission, the United States is obligated to implement the decisions
of the Commission. The WCPFC Implementation Act (16 U.S.C. 6901 et
seq.) authorizes the Secretary of Commerce, in consultation with the
[[Page 36342]]
Secretary of State and the Secretary of the Department in which the
United States Coast Guard is operating (currently the Department of
Homeland Security), to promulgate such regulations as may be necessary
to carry out the obligations of the United States under the Convention,
including implementation of the decisions of the Commission. The WCPFC
Implementation Act further provides that the Secretary of Commerce
shall ensure consistency, to the extent practicable, of fishery
management programs administered under the WCPFC Implementation Act and
the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16
U.S.C. 1801 et seq.), as well as other specific laws (see 16 U.S.C.
6905(b)). The Secretary of Commerce has delegated the authority to
promulgate regulations under the WCPFC Implementation Act to NMFS.
WCPFC Decision on Tropical Tunas
At its Thirteenth Regular Session, in December 2016, the WCPFC
adopted Conservation and Management Measure (CMM) 2016-01,
``Conservation and Management Measure for Bigeye, Yellowfin and
Skipjack Tuna in the Western and Central Pacific Ocean.'' CMM 2016-01
is the most recent in a series of CMMs for the management of tropical
tuna stocks under the purview of the Commission. CMM 2016-01 maintains
the provisions of its predecessor, CMM 2015-01. These and other CMMs
are available at: www.wcpfc.int/conservation-and-management-measures.
The stated general objective of CMM 2016-01 and several of its
predecessor CMMs is to ensure that the stocks of bigeye tuna (Thunnus
obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna
(Katsuwonus pelamis) in the WCPO are, at a minimum, maintained at
levels capable of producing their maximum sustainable yield as
qualified by relevant environmental and economic factors. The CMM
includes specific objectives for each of the three stocks: For each,
the fishing mortality rate is to be reduced to or maintained at levels
no greater than the fishing mortality rate associated with maximum
sustainable yield.
CMM 2016-01 went into effect February 2017, and is generally
applicable for 2017. The CMM includes provisions for purse seine
vessels, longline vessels, and other types of vessels that fish for
HMS. The CMM's provisions for longline vessels include catch limits for
bigeye tuna and a general provision not to increase catches of
yellowfin tuna.
The Action
In 2016, NMFS established catch limits for bigeye tuna that may be
captured in the Convention Area by longline gear and retained on board
by fishing vessels of the United States for calendar years 2016 and
2017, putting into place provisions of CMM 2015-01, the predecessor to
CMM 2016-01 (81 FR 41239). The limit for 2016 was set at 3,554 mt and
the limit for 2017 was set at 3,345 mt. (Id.). As in CMM 2015-01, under
paragraphs 40-42 of CMM 2016-01, Commission members are to limit
catches by their longline vessels of bigeye tuna in the Convention Area
to specified levels in 2017. Under CMM 2016-01, the applicable limit
for the United States in 2017 continues to be 3,345 mt. In addition,
paragraph 40 of CMM 2016-01 reiterates the provision of CMM 2015-01
that states that any catch overage in a given year shall be deducted
from the catch limit for the following year. The Commission has not
adopted limits for the longline fisheries of any of the U.S.
Participating Territories, American Samoa, Guam, and the CNMI.
This interim rule is limited to implementing the 2017 calendar year
longline bigeye tuna catch limit for U.S. fisheries in the Convention
Area, as mandated under CMM 2016-01 which continues the relevant
provisions adopted by CMM 2015-01. As stated above, the Commission-
adopted limit for 2017 continues to be 3,345 mt less any overage of the
limit applicable in 2016. The limit for 2016 was 3,554 mt (see 81 FR
41239). There was an overage of 207 mt in 2016, so the limit for 2017
is 3,138 mt. This interim rule adjusts the 2017 limit from the
established 3,345 mt to 3,138 mt.
The 2017 longline bigeye tuna catch limit will apply only to U.S.-
flagged longline vessels operating as part of the U.S. longline
fisheries. The limit will not apply to U.S. longline vessels operating
as part of the longline fisheries of American Samoa, the CNMI, or Guam.
Existing regulations at 50 CFR 300.224(b), (c), and (d) detail the
manner in which longline-caught bigeye tuna is attributed among the
fisheries of the United States and the U.S. Participating Territories.
Consistent with the basis for the limits prescribed in CMM 2016-01
and with regulations issued by NMFS to implement bigeye tuna catch
limits in U.S. longline fisheries as described below, the catch limit
is measured in terms of retained catches--that is, bigeye tuna that are
caught by longline gear and retained on board the vessel.
Announcement of the Limit Being Reached
As set forth under the existing regulations at 50 CFR 300.224(e),
if NMFS determines that the limit is expected to be reached in 2017,
NMFS will publish a notice in the Federal Register to announce specific
fishing restrictions that will be effective from the date the limit is
expected to be reached until the end of the 2017 calendar year. NMFS
will publish the notice of the restrictions at least 7 calendar days
before the effective date to provide vessel owners and operators with
advance notice. Periodic forecasts of the date the limit is expected to
be reached will be made available to the public, such as by posting on
a Web site, to help vessel owners and operators plan for the
possibility of the limit being reached.
Restrictions After the Limit is Reached
As set forth under the existing regulations at 50 CFR 300.224(f),
if the limit is reached, the restrictions that will be in effect will
include the following:
1. Retain on board, transship, or land bigeye tuna: Starting on the
effective date of the restrictions and extending through December 31 of
2017, it will be prohibited to use a U.S. fishing vessel to retain on
board, transship, or land bigeye tuna captured in the Convention Area
by longline gear, except as follows:
First, any bigeye tuna already on board a fishing vessel upon the
effective date of the restrictions can be retained on board,
transshipped, and/or landed, provided that they are landed within 14
days after the restrictions become effective. A vessel that had
declared to NMFS pursuant to 50 CFR 665.803(a) that the current trip
type is shallow-setting is not subject to this 14-day landing
restriction, so these vessels will be able to land bigeye tuna more
than 14 days after the restrictions become effective.
Second, bigeye tuna captured by longline gear can be retained on
board, transshipped, and/or landed if they are caught by a fishing
vessel registered for use under a valid American Samoa Longline Limited
Access Permit, or if they are landed in American Samoa, Guam, or the
CNMI. However, the bigeye tuna must not be caught in the portion of the
U.S. EEZ surrounding the Hawaiian Archipelago, and must be landed by a
U.S. fishing vessel operated in compliance with a valid permit issued
under 50 CFR 660.707 or 665.801.
[[Page 36343]]
Third, bigeye tuna captured by longline gear can be retained on
board, transshipped, and/or landed if they are caught by a vessel that
is included in a specified fishing agreement under 50 CFR 665.819(d),
in accordance with 50 CFR 300.224(f)(iv).
2. Transshipment of bigeye tuna to certain vessels: Starting on the
effective date of the restrictions and extending through December 31 of
2017, it will be prohibited to transship bigeye tuna caught in the
Convention Area by longline gear to any vessel other than a U.S.
fishing vessel operated in compliance with a valid permit issued under
50 CFR 660.707 or 665.801.
3. Fishing inside and outside the Convention Area: To help ensure
compliance with the restrictions related to bigeye tuna caught by
longline gear in the Convention Area, the interim rule establishes two
additional, related prohibitions that are in effect starting on the
effective date of the restrictions and extending through December 31 of
2017. First, vessels are prohibited from fishing with longline gear
both inside and outside the Convention Area during the same fishing
trip, with the exception of a fishing trip that is in progress at the
time the announced restrictions go into effect. In that exceptional
case, the vessel still must land any bigeye tuna taken in the
Convention Area within 14 days of the effective date of the
restrictions, as described above. Second, if a vessel is used to fish
using longline gear outside the Convention Area and 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 while the vessel is in the Convention
Area. These two prohibitions do not apply to the following vessels: (1)
Vessels on declared shallow-setting trips pursuant to 50 CFR
665.803(a); and (2) vessels operating for the purposes of this rule as
part of the longline fisheries of American Samoa, Guam, or the CNMI.
This second group includes vessels registered for use under valid
American Samoa Longline Limited Access Permits and vessels landing
their bigeye tuna catch in one of the three U.S. Participating
Territories, so long as these vessels conduct fishing activities in
accordance with the conditions described above, and vessels included in
a specified fishing agreement under 50 CFR 665.819(d), in accordance
with 50 CFR 300.224(f)(iv).
Classification
The Administrator, Pacific Islands Region, NMFS, has determined
that this interim rule is consistent with the WCPFC Implementation Act
and other applicable laws.
Administrative Procedure Act
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 prior
notice and the opportunity for public comment would be contrary to the
public interest. This rule adjusts a bigeye tuna catch limit for U.S.
longline fisheries in the Convention Area for 2017. Data on the amount
of the 2016 overage only recently became available, and NMFS must
publish the revised limit for 2017 as soon as possible to ensure it is
not exceeded and the United States complies with its international
legal obligations with respect to CMM 2016-01. Based on preliminary
data available to date, NMFS expects that the applicable limit of 3,138
mt is likely to be reached in late summer of 2017. Delaying this rule
to allow for advance notice and public comment increases the risk that
more than 3,138 mt of bigeye tuna would be caught by U.S. longline
fisheries operating in the WCPO, potentially constituting non-
compliance by the United States with respect to the longline bigeye
tuna catch limit provisions of CMM 2016-01 for calendar year 2017.
Because a delay in implementing this limit for 2017 could result in the
United States violating its international legal obligations to conserve
tropical tuna stocks in the WCPO, allowing advance notice and the
opportunity for public comment would be contrary to the public
interest.
Additionally, prior notice and opportunity for public comment is
unnecessary because this rule only adjusts a previously established
limit for 2017 (see 81 FR 24772 and 81 FR 41239). In the preambles to
the proposed rule and the final rule that established the 2017 limit,
NMFS provided notice that if there was an overage of the limit for
2016, NMFS would adjust the 2017 limit in accordance with the
provisions of CMM 2015-01 and any other pertinent Commission decisions
in force at that time. (Id.) Moreover, affected entities have been
subject to longline bigeye tuna limits in the Convention Area since
2009, and the adjusted limit is similar to the limits implemented from
2009-2016. The regulated entities have received information regarding
NMFS' estimates of the 2017 longline bigeye tuna catch in the
Convention Area and the approximate date the catch limit may be reached
via NMFS' Web site and other means.
NMFS will, however, take and consider public comments received on
this interim final and, if appropriate, NMFS will issue a revised final
rule in response to public comment.
For the reasons articulated above, there is also good cause under 5
U.S.C. 553(d)(3) to waive the 30-day delay in effective date for this
rule. As described above, NMFS must implement the longline bigeye tuna
catch limit provisions of CMM 2016-01 for 2017 as soon as possible, in
order to ensure that the catch limit is not exceeded. The catch limit
is intended to reduce or otherwise control fishing pressure on bigeye
tuna in the WCPO in order to restore this stock to levels capable of
producing maximum sustainable yield on a continuing basis. According to
the NMFS stock status determination criteria, bigeye tuna in the
Pacific Ocean is currently experiencing overfishing. Failure to
immediately implement the 2017 catch limit would result in additional
fishing pressure on this stock, in violation of international and
domestic legal obligations.
Executive Order 12866
This interim rule has been determined to be not significant for
purposes of Executive Order 12866.
Regulatory Flexibility Act
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable. Therefore, no regulatory flexibility
analysis was required and none has been prepared.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: August 1, 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 part 300 is amended
as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart O--Western and Central Pacific Fisheries for Highly
Migratory Species
0
1. The authority citation for 50 CFR part 300, subpart O, continues to
read as follows:
Authority: 16 U.S.C. 6901 et seq.
0
2. In Sec. 300.224, paragraph (a)(2) is revised to read as follows:
[[Page 36344]]
Sec. 300.224 Longline fishing restrictions.
(a) * * *
(2) During calendar year 2017 there is a limit of 3,138 metric tons
of bigeye tuna that may be captured in the Convention Area by longline
gear and retained on board by fishing vessels of the United States.
* * * * *
[FR Doc. 2017-16456 Filed 8-3-17; 8:45 am]
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