80 FR 46515 - International Fisheries; Pacific Tuna Fisheries; 2015 Bigeye Tuna Longline Fishery Closure in the Eastern Pacific Ocean
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 150 (August 5, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 150 (August 5, 2015)
| Page Range | 46515-46516 | |
| FR Document | 2015-19230 |
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)] [Rules and Regulations] [Pages 46515-46516] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19230] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 130717632-4285-02] RIN 0648-XE085 International Fisheries; Pacific Tuna Fisheries; 2015 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. ----------------------------------------------------------------------- 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, 2015 because the 2015 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, which governs tuna conservation in the EPO from 2014-2016. DATES: The rule is effective 12 a.m. local time August 12, 2015, through 11:59 p.m. local time December 31, 2015. 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 of 1950 (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 [[Page 46516]] 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 2015 catch limit is expected to be reached by August 12, 2015. 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 August 12, 2015, through the end of the 2015 calendar year. The 2016 fishing year is scheduled to open on January 1, 2016. The bigeye tuna catch limit for longline vessels over 24 meters in overall length will again be 500 metric tons for 2016. 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 August 12, 2015, 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 26, 2015. 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 August 12, 2015. 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\ --------------------------------------------------------------------------- \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 recodified to Sec. 665.801. --------------------------------------------------------------------------- A fishing vessel of the United States 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, that is 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 2015 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 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 50 CFR 300.25(b) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 951 et seq. Dated: July 31, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-19230 Filed 7-31-15; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations 46515
is required to invite public comment on many similarities amongst the three sets DEPARTMENT OF COMMERCE
the policy guidance, and to publish its of requirements.
response to comments. In this instance, National Oceanic and Atmospheric
The final interim policy guidance
FTA published proposed interim policy Administration
does not address the Program of
guidance on April 8, 2015, at 80 FR
Interrelated Projects provisions or the
18796 (http://www.gpo.gov/fdsys/pkg/ 50 CFR Part 300
pilot program for expedited project
FR-2015-04-08/pdf/2015-08063.pdf). [Docket No. 130717632–4285–02]
The final interim policy guidance and delivery included in MAP–21. The
our response to comments is available Program of Interrelated Projects RIN 0648–XE085
on FTA’s public Web site at http:// provisions will be addressed through
www.fta.dot.gov/newstarts and in the future rulemaking and policy guidance International Fisheries; Pacific Tuna
docket at http://www.regulations.gov. updates. On July 7, 2015, FTA Fisheries; 2015 Bigeye Tuna Longline
The final interim policy guidance published in a separate Federal Register Fishery Closure in the Eastern Pacific
addresses four subjects not addressed in notice at 80 FR 38801 (http:// Ocean
either the regulations or the previous www.gpo.gov/fdsys/pkg/FR-2015-07-07/ AGENCY: National Marine Fisheries
policy guidance document for the CIG pdf/2015-16515.pdf), a request for Service (NMFS), National Oceanic and
program. Specifically these are: (1) The expressions of interest for the pilot Atmospheric Administration (NOAA),
measures and breakpoints for the program for expedited project delivery. Commerce.
congestion relief criterion applicable to
FTA received 539 separate comments ACTION: Temporary rule; closure.
New Starts and Small Starts projects; (2)
on the proposed interim policy
the evaluation and rating process for SUMMARY: NMFS is temporarily closing
Core Capacity Improvement projects, guidance from 41 commenters,
the U.S. pelagic longline fishery for
including the measures and breakpoints including cities, transit operators, state
bigeye tuna for vessels over 24 meters in
for all the project justification and local agencies, metropolitan planning
overall length in the eastern Pacific
financial commitment criteria organizations, non-profit organizations, Ocean (EPO) through December 31,
applicable to those projects; (3) the and interested citizens. FTA’s summary 2015 because the 2015 catch limit of 500
prerequisites for entry into each phase and response to these comments is metric tons is expected to be reached.
of the CIG process for each type of available both on the agency’s public This action is necessary to prevent the
project in the CIG program, and the Web site at http://www.fta.dot.gov/ fishery from exceeding the applicable
requirements for completing each phase newstarts and in the docket at http:// catch limit established by the Inter-
of that process; and (4) ways in which www.regulations.gov. The public American Tropical Tuna Commission
certain New Starts, Small Starts, and comments are available, in their (IATTC) in Resolution C–13–01, which
Core Capacity Improvement projects can entirety, on the docket at http:// governs tuna conservation in the EPO
qualify for ‘‘warrants’’ entitling them to www.regulations.gov. from 2014–2016.
automatic ratings on some of the DATES: The rule is effective 12 a.m. local
This final interim policy guidance is
evaluation criteria. This final policy time August 12, 2015, through 11:59
guidance is characterized as ‘‘interim’’ effective immediately. It provides
technical details necessary for FTA to p.m. local time December 31, 2015.
because, in the near future, FTA will
apply the project evaluation and rating FOR FURTHER INFORMATION CONTACT:
initiate a rulemaking to amend the
regulations at 49 CFR part 611 to fully criteria. Sponsors of New Starts, Small Taylor Debevec, NMFS West Coast
carry out the authorizing statute for the Starts, and Core Capacity projects need Region, 562–980–4066.
CIG program, 49 U.S.C. 5309, as this final interim policy guidance to SUPPLEMENTARY INFORMATION: The
amended by the Moving Ahead for gather and submit the data and United States is a member of the IATTC,
Progress in the 21st Century Act (Pub. information needed by FTA to move which was established under the
L. 112–141; July 6, 2012) (‘‘MAP–21’’). their projects into and through the Convention for the Establishment of an
The information gained through the process. In turn, FTA needs this data Inter-American Tropical Tuna
public comment process on the interim from project sponsors to prepare the Commission signed in 1949
policy guidance will inform the future agency’s annual report to Congress on (Convention). The Convention provides
rulemaking. capital investment funding an international agreement to ensure the
The final interim policy guidance recommendations for the forthcoming effective international conservation and
being published today is approximately management of highly migratory species
Federal fiscal year, as required by 49
100 typewritten pages in length, of fish in the IATTC Convention Area.
U.S.C. 5309(o)(1). For these reasons, and
arranged in three stand-alone chapters The IATTC Convention Area, as
in accordance with the Administrative
for each of the three types of projects amended by the Antigua Convention,
Procedure Act, 5 U.S.C. 553(d), FTA includes the waters of the EPO bounded
eligible for CIG funds: New Starts, Small
Starts, and Core Capacity finds good cause for an exception to the by the coast of the Americas, the 50° N.
Improvements. Each chapter provides a requirement for 30-day publication prior and 50° S. parallels, and the 150° W.
short introduction, a discussion of to an effective date. meridian.
eligibility for that type of project, a Issued in Washington, DC, under the Pelagic longline fishing in the EPO is
summary of the requirements for entry authority delegated at 49 CFR 1.91. managed, in part, under the Tuna
into and getting through each step of the Therese W. McMillan, Conventions Act of 1950 (Act), 16
CIG process, information on each of the U.S.C. 951–962. Under the Act, NMFS
Acting Administrator.
project evaluation criteria, and an must publish regulations to carry out
Lhorne on DSK7TPTVN1PROD with RULES
[FR Doc. 2015–19200 Filed 8–4–15; 8:45 am]
explanation of how FTA will determine recommendations of the IATTC that
the overall rating for a project. Each type BILLING CODE P have been approved by the Department
of project in the CIG program—a New of State (DOS). Regulations governing
Start, Small Start, or Core Capacity fishing by U.S. vessels in accordance
Improvement—is governed by a unique with the Act appear at 50 CFR part 300,
set of requirements, although there are subpart C. These regulations implement
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![46516 Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations
IATTC recommendations for the compliance with a valid permit issued This action is required by 50 CFR
conservation and management of highly under 50 CFR 660.707 or 665.801.1 300.25(b) and is exempt from review
migratory fish resources in the EPO. • A fishing vessel of the United States under Executive Order 12866.
In 2013, the IATTC adopted over 24 meters in overall length, that is Authority: 16 U.S.C. 951 et seq.
Resolution C–13–01, which establishes
not on a declared shallow-set longline Dated: July 31, 2015.
an annual catch limit of bigeye tuna for
trip, may not be used to fish in the Jennifer M. Wallace,
longline vessels over 24 meters. For
Pacific Ocean using longline gear both
calendar years 2014, 2015, and 2016, the Acting Director, Office of Sustainable
inside and outside the IATTC Fisheries, National Marine Fisheries Service.
catch of bigeye tuna by longline gear in
Convention Area during the same
the IATTC Convention Area by fishing [FR Doc. 2015–19230 Filed 7–31–15; 4:15 pm]
vessels of the United States that are over fishing trip, with the exception of a
BILLING CODE 3510–22–P
24 meters in overall length is limited to fishing trip that was already in progress
500 metric tons per year. With the when the prohibitions were put into
approval of the DOS, NMFS effect. DEPARTMENT OF COMMERCE
implemented this catch limit by notice- • If a vessel over 24 meters in overall
and-comment rulemaking under the Act length, that is not on a declared National Oceanic and Atmospheric
(79 FR 19487, April 9, 2014, and shallow-set longline trip, is used to fish Administration
codified at 50 CFR 300.25). in the Pacific Ocean using longline gear
NMFS, through monitoring the outside the IATTC Convention Area, 50 CFR Part 635
retained catches of bigeye tuna using and the vessel enters the IATTC [Docket No. 120328229–4949–02]
logbook data submitted by vessel Convention Area at any time during the
captains and other available information RIN 0648–XE079
same fishing trip, the longline gear on
from the longline fisheries in the IATTC the fishing vessel must be stowed in a
Convention Area, has determined that Atlantic Highly Migratory Species;
manner so as not to be readily available Atlantic Bluefin Tuna Fisheries
the 2015 catch limit is expected to be for fishing. Specifically, the hooks,
reached by August 12, 2015. In branch lines, and floats must be stowed AGENCY: National Marine Fisheries
accordance with 50 CFR 300.25(b), this and not available for immediate use, Service (NMFS), National Oceanic and
Federal Register notice announces that and any power-operated mainline Atmospheric Administration (NOAA),
the U.S. longline fishery for bigeye tuna hauler on deck must be covered in such Commerce.
in the IATTC Convention Area will be a manner that it is not readily available ACTION: Temporary rule; inseason quota
closed for vessels over 24 meters in for use. transfer.
overall length starting on August 12,
2015, through the end of the 2015 Classification SUMMARY: NMFS is transferring 40
calendar year. The 2016 fishing year is metric tons (mt) of Atlantic bluefin tuna
scheduled to open on January 1, 2016. NMFS has determined there is good (BFT) quota from the Reserve category
The bigeye tuna catch limit for longline cause to waive prior notice and to the Harpoon category. With this
vessels over 24 meters in overall length opportunity for public comment transfer, the adjusted Harpoon category
will again be 500 metric tons for 2016. pursuant to 5 U.S.C. 553(b)(B). This quota for the 2015 fishing season is 73.4
During the closure, a U.S. fishing action is based on the best available mt. The 2015 Harpoon category fishery
vessel over 24 meters in overall length information and is necessary for the is open until November 15, 2015, or
may not be used to retain on board, conservation and management of bigeye until the Harpoon category quota is
transship, or land bigeye tuna captured tuna. Compliance with the notice and reached, whichever comes first. The
by longline gear in the IATTC comment requirement would be action is based on consideration of the
Convention Area, except as follows: impracticable and contrary to the public regulatory determination criteria
• Any bigeye tuna already on board a interest because NMFS would be unable regarding inseason adjustments, and
fishing vessel on August 12, 2015, may to ensure that the 2015 bigeye tuna applies to Atlantic tunas Harpoon
be retained on board, transshipped, and/ catch limit applicable to longline category (commercial) permitted
or landed, to the extent authorized by vessels over 24 meters is not exceeded. vessels.
applicable laws and regulations, The annual catch limit is an important
DATES: Effective July 31, 2015, through
provided all bigeye tuna are landed mechanism to ensure that the United
November 15, 2015.
within 14 days after the effective date of States complies with its international
obligations in preventing overfishing FOR FURTHER INFORMATION CONTACT:
this rule, that is, no later than August
26, 2015. and managing the fishery at optimum Sarah McLaughlin or Brad McHale,
• In the case of a vessel that has yield. Moreover, NMFS previously 978–281–9260.
declared to NMFS that the current trip solicited, and considered, public SUPPLEMENTARY INFORMATION:
type is shallow-set longlining, the 14- comments on the rule that established Regulations implemented under the
day limit to land all bigeye in the the catch limit (79 FR 19487, April 9, authority of the Atlantic Tunas
previous paragraph is waived. However, 2014), including a provision for issuing Convention Act (ATCA; 16 U.S.C. 971 et
the prohibition on any additional a notice to close the fishery, if seq.) and the Magnuson-Stevens Fishery
retention of bigeye tuna still applies as necessary, to prevent exceeding the Conservation and Management Act
of August 12, 2015. catch limit. For the same reasons, NMFS (Magnuson-Stevens Act; 16 U.S.C. 1801
Other prohibitions during the closure has also determined there is good cause et seq.) governing the harvest of BFT by
include the following: persons and vessels subject to U.S.
Lhorne on DSK7TPTVN1PROD with RULES
to waive the requirement for a 30-day
• Bigeye tuna caught by a United delay in effectiveness under 5 U.S.C. jurisdiction are found at 50 CFR part
States vessel over 24 meters in overall 553(d)(3). 635. Section 635.27 subdivides the U.S.
length with longline gear in the IATTC BFT quota recommended by the
Convention Area may not be 1 In 50 CFR 300.25(b)(4)(ii), the reference to International Commission for the
transshipped to a fishing vessel unless § 665.21 is outdated. The former 50 CFR 665.21 has Conservation of Atlantic Tunas (ICCAT)
that fishing vessel is operated in been recodified to § 665.801. among the various domestic fishing
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Document Created: 2018-02-23 10:53:10
Document Modified: 2018-02-23 10:53:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | The rule is effective 12 a.m. local time August 12, 2015, through 11:59 p.m. local time December 31, 2015. | |
| Contact | Taylor Debevec, NMFS West Coast Region, 562-980-4066. | |
| FR Citation | 80 FR 46515 | |
| RIN Number | 0648-XE08 |
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