[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Rules and Regulations]
[Pages 63562-63563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25293]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 130717632-4285-02]
RIN 0648-XD504
International Fisheries; Pacific Tuna Fisheries; 2014 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: Because the 2014 catch limit of 500 metric tons is expected to
be reached, NMFS is 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, 2014. 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, which governs tuna conservation in the EPO from
2014-2016.
DATES: Effective October 31, 2014, through December 31, 2014.
FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS West Coast
Region, 562-980-4036.
SUPPLEMENTARY INFORMATION: Pelagic longline fishing in the EPO 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
agreement to ensure the effective international conservation and
management of highly migratory species of fish in the IATTC Convention
Area.
The IATTC Convention Area includes the waters of the eastern
Pacific Ocean (EPO) 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
[[Page 63563]]
conservation and management of highly migratory fish resources in the
EPO.
The IATTC adopted Resolution C-13-01, which establishes an annual
catch limit of bigeye tuna for large U.S. longline vessels. 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 monitored 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, and determined
that the 2014 catch limit is expected to be reached on October 31,
2014. 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 October 31, 2014, through the end of the 2014
calendar year. The 2015 fishing year is scheduled to open on January 1,
2015. The bigeye tuna catch limit for longline vessels over 24 meters
in overall length for 2015 will be 500 metric tons.
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 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 14, 2014.
In the case of a vessel that has declared to NMFS that the
current trip type is shallow-set longlining, 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 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 (the rule implementing Resolution C-13-1 incorrectly cited
Sec. 665.21, which has been re-codified as 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 IATTC
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 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
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 2014 bigeye tuna catch
limit applicable to large longline vessels 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
and managing the fishery at optimum yield. Moreover, NMFS previously
solicited 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, 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 15, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2014-25293 Filed 10-21-14; 4:15 pm]
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