80_FR_45027 80 FR 44883 - Western and Central Pacific Fisheries for Highly Migratory Species; 2015 Bigeye Tuna Longline Fishery Closure

80 FR 44883 - Western and Central Pacific Fisheries for Highly Migratory Species; 2015 Bigeye Tuna Longline Fishery Closure

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 144 (July 28, 2015)

Page Range44883-44884
FR Document2015-18433

NMFS is closing the U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean as a result of the fishery reaching the 2015 catch limit. This action is necessary to prevent additional fishing pressure on this fish stock.

Federal Register, Volume 80 Issue 144 (Tuesday, July 28, 2015) 
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44883-44884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18433]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 150619537-5615-01]
RIN 0648-XE037


Western and Central Pacific Fisheries for Highly Migratory 
Species; 2015 Bigeye Tuna Longline Fishery Closure

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 western and central Pacific Ocean as a result of the 
fishery reaching the 2015 catch limit. This action is necessary to 
prevent additional fishing pressure on this fish stock.

DATES: Effective August 5, 2015, through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands 
Region, 808-725-5032.

SUPPLEMENTARY INFORMATION: Pelagic longline fishing in the western and 
central Pacific Ocean is managed, in part, under the Western and 
Central Pacific Fisheries Convention Implementation Act (Act). 
Regulations governing fishing by U.S. vessels in accordance with the 
Act appear at 50 CFR part 300, subpart O.
    NMFS established a calendar year 2015 limit of 3,502 metric tons 
(mt) of bigeye tuna (Thunnus obesus) that may be caught and retained in 
the U.S. pelagic longline fishery 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 Area) (80 
FR 43634, July 23, 2015; 50 CFR 300.224). NMFS monitored the retained 
catches of bigeye tuna using logbook data submitted by vessel captains 
and other available information, and determined that the 2015 catch 
limit would be reached by August 5, 2015. In accordance with 50 CFR 
300.224(e), this rule serves as advance notification to fishermen, the 
fishing industry, and the general public that the U.S. longline fishery 
for bigeye tuna in the Convention Area will be closed during the dates 
provided in the DATES heading. The fishery is scheduled to reopen on 
January 1, 2016. This rule does not apply to the longline fisheries of 
American Samoa, Guam, or the Commonwealth of the Northern Mariana 
Islands, collectively ``the territories,'' as described below.
    During the closure, a U.S. fishing vessel may not retain on board, 
transship, or land bigeye tuna captured by longline gear in the 
Convention Area, 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 August 19, 2015. This 
14-day landing requirement does not apply to a vessel that has declared 
to NMFS, pursuant to 50 CFR 665.803(a), that the current trip type is 
shallow-setting.
    Longline-caught bigeye tuna may be retained on board, transshipped, 
and landed if the fish are caught by a vessel with a valid American 
Samoa longline permit, or landed in the territories. In either case, 
the following conditions must be met:
    (1) The fish is not caught in the U.S. Exclusive Economic Zone 
(EEZ) around Hawaii;
    (2) Other applicable laws and regulations are followed; and

[[Page 44884]]

    (3) The vessel has a valid permit issued under 50 CFR 660.707 or 
665.801.
    Bigeye tuna caught by longline gear during the closure may also 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).
    During the closure, a U.S. vessel is also prohibited from 
transshipping bigeye tuna caught in the Convention Area 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.
    The catch limit and this closure do not apply to bigeye tuna caught 
by longline gear outside the Convention Area, such as in the eastern 
Pacific Ocean. To ensure compliance with the restrictions related to 
bigeye tuna caught by longline gear in the Convention Area, however, 
the following requirements apply during the closure period:
    (1) Longline fishing both inside and outside the Convention Area is 
not allowed during the same fishing trip. An exception would be a 
fishing trip that is in progress on August 5, 2015. In that case, the 
catch of bigeye tuna must be landed by August 19, 2015; and
    (2) If a longline vessel fishes outside the Convention Area and the 
vessel then enters the Convention Area during the same fishing trip, 
the fishing gear must be stowed and not readily available for fishing 
in the Convention Area. Specifically, hooks, branch lines, and floats 
must be stowed and the mainline hauler must be covered.
    The above two additional 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 in the longline fisheries of the territories. 
This includes vessels included in a specified fishing agreement under 
50 CFR 665.819(d), in accordance with 50 CFR 300.224(f)(iv). This group 
also includes vessels with valid American Samoa longline permits and 
vessels landing bigeye tuna in one of the territories, as long as the 
bigeye tuna were not caught in the EEZ around Hawaii, the fishing was 
compliant with all applicable laws, and the vessel has a valid permit 
issued under 50 CFR 660.707 or 665.801.

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 contrary to the public interest. This rule closes the U.S. longline 
fishery for bigeye tuna in the western and central Pacific as a result 
of reaching the applicable bigeye tuna catch limit. The limit is 
codified in Federal regulations and is based on agreed limits 
established by the Western and Central Pacific Fisheries Commission. 
NMFS forecasts that the fishery will reach the 2015 limit by August 5, 
2015. Although this is much earlier than in previous years, longline 
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 2015 catch and progress of the fishery in 
reaching the Convention Area limit via the NMFS Web site, social media, 
and other means. This constitutes adequate advance notice of this 
fishery closure. Additionally, the publication timing of this rule 
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.
    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 as soon as possible to 
ensure that fishery does not exceed the catch limit. According to NMFS 
stock-status-determination criteria, bigeye tuna in the Pacific Ocean 
are currently experiencing overfishing. NMFS implemented the catch 
limit to reduce the effects of fishing on bigeye tuna and restore the 
stock to levels capable of producing maximum sustainable yield on a 
continuing basis. Failure to close the fishery immediately would result 
in additional fishing pressure on this stock, in violation of Federal 
law and international obligations.
    This action is required by 50 CFR 300.224 and is exempt from review 
under Executive Order 12866.

    Authority:  16 U.S.C. 6901 et seq.

    Dated: July 23, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-18433 Filed 7-27-15; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations 44883 compliance year is generally based on NUSA_2015_NOx_OS_1st_Round_ FOR FURTHER INFORMATION CONTACT: Tom the positive difference, if any, between Final_Data’’, and ‘‘CSAPR_NUSA_2015_ Graham, NMFS Pacific Islands Region, the unit’s emissions ‘‘during such SO2_1st_Round_Final_Data,’’ available 808–725–5032. control period’’ (that is, the control on EPA’s Web site at http:// SUPPLEMENTARY INFORMATION: Pelagic period in the compliance year) and the www.epa.gov/crossstaterule/ longline fishing in the western and unit’s first-round NUSA allocation for actions.html. The three spreadsheets central Pacific Ocean is managed, in the compliance year.2 A ‘‘control show EPA’s final determinations of first- part, under the Western and Central period’’ is defined as either a calendar round 2015 NUSA allocations under the Pacific Fisheries Convention year or a May-September period—for CSAPR NOX annual, NOX ozone season, Implementation Act (Act). Regulations the SO2 and NOX annual programs and and SO2 (Group 1 and Group 2) trading governing fishing by U.S. vessels in for the NOX ozone season program, programs, respectively. accordance with the Act appear at 50 respectively—subject in both cases to an Pursuant to CSAPR’s allowance CFR part 300, subpart O. exclusion, for any given unit, of periods recordation timing requirements, the NMFS established a calendar year before the unit’s monitor certification allocated NUSA allowances will be 2015 limit of 3,502 metric tons (mt) of deadline, thereby ensuring that the recorded in sources’ AMS accounts by bigeye tuna (Thunnus obesus) that may unit’s ‘‘control periods’’ generally August 1, 2015. EPA notes that an be caught and retained in the U.S. represent the periods for which the unit allocation or lack of allocation of pelagic longline fishery in the area of must hold CSAPR allowances equal to allowances to a given unit does not application of the Convention on the its emissions.3 The emissions data used constitute a determination that CSAPR Conservation and Management of in calculating NUSA allowance does or does not apply to the unit. EPA Highly Migratory Fish Stocks in the allocations under the CSAPR FIPs thus also notes that NUSA allocations are Western and Central Pacific Ocean properly exclude any emissions subject to potential correction if a unit (Convention Area) (80 FR 43634, July occurring before a unit’s monitor to which NUSA allowances have been 23, 2015; 50 CFR 300.224). NMFS certification deadline because such allocated for a given compliance year is monitored the retained catches of bigeye emissions are not emissions ‘‘during the not actually an affected unit as of tuna using logbook data submitted by immediately preceding control period’’ January 1 (or May 1 in the case of the vessel captains and other available or ‘‘during such control period.’’ 4 NOX ozone season program) of the information, and determined that the EPA excluded emissions before units’ compliance year.5 2015 catch limit would be reached by monitor certification deadlines from the August 5, 2015. In accordance with 50 (Authority: 40 CFR 97.411(b), 97.511(b), preliminary calculations of first-round 97.611(b), and 97.711(b).) CFR 300.224(e), this rule serves as 2015 NUSA allowance allocations advance notification to fishermen, the discussed in the June 1 NODA. In the Dated: July 20, 2015. fishing industry, and the general public final calculations, EPA has likewise Reid P. Harvey, that the U.S. longline fishery for bigeye excluded emissions before units’ Director, Clean Air Markets Division. tuna in the Convention Area will be monitor certification deadlines and has [FR Doc. 2015–18516 Filed 7–27–15; 8:45 am] closed during the dates provided in the made no other changes to the data used BILLING CODE 6560–50–P DATES heading. The fishery is scheduled in the preliminary calculations. The to reopen on January 1, 2016. This rule final first-round 2015 NUSA allowance does not apply to the longline fisheries allocations are therefore unchanged DEPARTMENT OF COMMERCE of American Samoa, Guam, or the from the preliminary calculations. Commonwealth of the Northern Mariana The final unit-by-unit data and National Oceanic and Atmospheric Islands, collectively ‘‘the territories,’’ as allowance allocation calculations are set Administration described below. forth in Excel spreadsheets titled During the closure, a U.S. fishing ‘‘CSAPR_NUSA_2015_NOx_Annual_ 50 CFR Part 300 vessel may not retain on board, 1st_Round_Final_Data’’, ‘‘CSAPR_ transship, or land bigeye tuna captured [Docket No. 150619537–5615–01] by longline gear in the Convention Area, 2 40 CFR 97.412(a)(9)(i), 97.512(a)(9)(i), RIN 0648–XE037 except that any bigeye tuna already on 97.612(a)(9)(i), and 97.712(a)(9)(i). Second-round board a fishing vessel upon the effective NUSA allocations occur only if all NUSA Western and Central Pacific Fisheries allowances were not allocated in the first round and date of the restrictions may be retained for Highly Migratory Species; 2015 on board, transshipped, and landed, may be affected by second-round NUSA over- subscription and rounding. Bigeye Tuna Longline Fishery Closure provided that they are landed within 14 3 40 CFR 97.402, 97.502, 97.602, and 97.702 AGENCY: National Marine Fisheries days of the start of the closure, that is, (definitions of ‘‘control period’’); see also 40 CFR 97.406(c)(3), 97.506(c)(3), 97.606(c)(3), and Service (NMFS), National Oceanic and by August 19, 2015. This 14-day landing 97.706(c)(3) (exclusion of periods before monitor Atmospheric Administration (NOAA), requirement does not apply to a vessel certification deadline). Commerce. that has declared to NMFS, pursuant to 4 The CSAPR regulations’ exclusion of periods ACTION: Temporary rule; fishery closure. 50 CFR 665.803(a), that the current trip before a unit’s monitor certification deadline from type is shallow-setting. ‘‘control periods’’ is explicit with respect to control NMFS is closing the U.S. periods in and after 2015, the first year of SUMMARY: Longline-caught bigeye tuna may be obligations to hold CSAPR allowances. The pelagic longline fishery for bigeye tuna retained on board, transshipped, and regulations’ only operative references to control in the western and central Pacific Ocean landed if the fish are caught by a vessel periods before 2015 are the references in the NUSA as a result of the fishery reaching the with a valid American Samoa longline asabaliauskas on DSK5VPTVN1PROD with RULES allowance allocation provisions to ‘‘the 2015 catch limit. This action is immediately preceding control period,’’ which, in permit, or landed in the territories. In the context of the 2015 compliance year, indicate necessary to prevent additional fishing either case, the following conditions 2014 ‘‘control periods.’’ EPA interprets the NUSA pressure on this fish stock. must be met: provisions as intended to operate in the same DATES: Effective August 5, 2015, through (1) The fish is not caught in the U.S. manner in all compliance years and accordingly Exclusive Economic Zone (EEZ) around interprets the exclusion of periods before a unit’s December 31, 2015. monitor certification deadline as applying to all Hawaii; control periods, including the 2014 ‘‘control 5 See 40 CFR 97.411(c), 97.511(c), 97.611(c), and (2) Other applicable laws and periods.’’ 97.711(c). regulations are followed; and VerDate Sep<11>2014 18:34 Jul 27, 2015 Jkt 235001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\28JYR1.SGM 28JYR1

44884 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations (3) The vessel has a valid permit the western and central Pacific as a DEPARTMENT OF COMMERCE issued under 50 CFR 660.707 or result of reaching the applicable bigeye 665.801. tuna catch limit. The limit is codified in National Oceanic and Atmospheric Bigeye tuna caught by longline gear Federal regulations and is based on Administration during the closure may also be retained agreed limits established by the Western on board, transshipped, and/or landed if and Central Pacific Fisheries 50 CFR Part 635 they are caught by a vessel that is Commission. NMFS forecasts that the [Docket No. 120627194–3657–02] included in a specified fishing fishery will reach the 2015 limit by agreement under 50 CFR 665.819(d), in August 5, 2015. Although this is much RIN 0648–XE005 accordance with 50 CFR 300.224(f)(iv). earlier than in previous years, longline During the closure, a U.S. vessel is Atlantic Highly Migratory Species; also prohibited from transshipping fishermen have been subject to longline North Atlantic Swordfish Fishery bigeye tuna caught in the Convention bigeye tuna limits in the western and central Pacific since 2009. They have AGENCY: National Marine Fisheries Area by longline gear to any vessel other Service (NMFS), National Oceanic and than a U.S. fishing vessel with a valid received ongoing, updated information about the 2015 catch and progress of the Atmospheric Administration (NOAA), permit issued under 50 CFR 660.707 or Commerce. 665.801. fishery in reaching the Convention Area The catch limit and this closure do limit via the NMFS Web site, social ACTION: Temporary rule; Swordfish not apply to bigeye tuna caught by media, and other means. This General Commercial permit retention longline gear outside the Convention constitutes adequate advance notice of limit adjustment for Northwest Atlantic, Area, such as in the eastern Pacific this fishery closure. Additionally, the Gulf of Mexico, and U.S. Caribbean Ocean. To ensure compliance with the publication timing of this rule provides regions. restrictions related to bigeye tuna caught longline fishermen with seven days’ SUMMARY: NMFS is adjusting the by longline gear in the Convention Area, advance notice of the closure date, and Swordfish (SWO) General Commercial however, the following requirements allows two weeks to return to port and permit retention limits for the apply during the closure period: land their catch of bigeye tuna. Northwest Atlantic, Gulf of Mexico, and (1) Longline fishing both inside and For the reasons stated above, there is U.S. Caribbean regions for the outside the Convention Area is not also good cause under 5 U.S.C. 553(d)(3) remainder of 2015, unless otherwise allowed during the same fishing trip. An to waive the 30-day delay in noticed. The SWO General Commercial exception would be a fishing trip that is effectiveness for this temporary rule. permit retention limit in each of these in progress on August 5, 2015. In that NMFS must close the fishery as soon as three regions is increased to six SWO case, the catch of bigeye tuna must be possible to ensure that fishery does not per vessel per trip. The SWO General landed by August 19, 2015; and (2) If a longline vessel fishes outside exceed the catch limit. According to Commercial permit retention limit in the Convention Area and the vessel then NMFS stock-status-determination the Florida SWO Management Area will enters the Convention Area during the criteria, bigeye tuna in the Pacific Ocean remain unchanged at zero SWO per same fishing trip, the fishing gear must are currently experiencing overfishing. vessel per trip. This adjustment applies be stowed and not readily available for to SWO General Commercial permitted NMFS implemented the catch limit to fishing in the Convention Area. vessels and HMS Charter/Headboat reduce the effects of fishing on bigeye Specifically, hooks, branch lines, and permitted vessels when on a non-for- tuna and restore the stock to levels hire trip. This action is based upon floats must be stowed and the mainline capable of producing maximum hauler must be covered. consideration of the applicable inseason sustainable yield on a continuing basis. regional retention limit adjustment The above two additional prohibitions Failure to close the fishery immediately do not apply to the following vessels: criteria. would result in additional fishing (1) Vessels on declared shallow- DATES: The adjusted SWO General pressure on this stock, in violation of setting trips pursuant to 50 CFR Commercial permit retention limits in 665.803(a); and Federal law and international the Northwest Atlantic, Gulf of Mexico, (2) Vessels operating in the longline obligations. and U.S. Caribbean regions are effective fisheries of the territories. This includes This action is required by 50 CFR July 30, 2015 through December 31, vessels included in a specified fishing 300.224 and is exempt from review 2015. agreement under 50 CFR 665.819(d), in under Executive Order 12866. accordance with 50 CFR 300.224(f)(iv). FOR FURTHER INFORMATION CONTACT: Rick Authority: 16 U.S.C. 6901 et seq. Pearson or Randy Blankinship, 727– This group also includes vessels with valid American Samoa longline permits Dated: July 23, 2015. 824–5399. and vessels landing bigeye tuna in one Alan D. Risenhoover, SUPPLEMENTARY INFORMATION: of the territories, as long as the bigeye Director, Office of Sustainable Fisheries, Regulations implemented under the tuna were not caught in the EEZ around National Marine Fisheries Service. authority of the Atlantic Tunas Hawaii, the fishing was compliant with [FR Doc. 2015–18433 Filed 7–27–15; 8:45 am] Convention Act (ATCA; 16 U.S.C. 971 et all applicable laws, and the vessel has seq.) and the Magnuson-Stevens Fishery BILLING CODE 3510–22–P a valid permit issued under 50 CFR Conservation and Management Act 660.707 or 665.801. (Magnuson-Stevens Act; 16 U.S.C. 1801 asabaliauskas on DSK5VPTVN1PROD with RULES et seq.) governing the harvest of North Classification Atlantic SWO by persons and vessels There is good cause under 5 U.S.C. subject to U.S. jurisdiction are found at 553(b)(B) to waive prior notice and the 50 CFR part 635. Section 635.27 opportunity for public comment on this subdivides the U.S. North Atlantic SWO action, because it would be contrary to quota recommended by the the public interest. This rule closes the International Commission for the U.S. longline fishery for bigeye tuna in Conservation of Atlantic Tunas (ICCAT) VerDate Sep<11>2014 18:34 Jul 27, 2015 Jkt 235001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\28JYR1.SGM 28JYR1


Document Created: 2018-02-23 09:28:37
Document Modified: 2018-02-23 09:28:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; fishery closure.
DatesEffective August 5, 2015, through December 31, 2015.
ContactTom Graham, NMFS Pacific Islands Region, 808-725-5032.
FR Citation80 FR 44883 
RIN Number0648-XE03
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