80_FR_74230 80 FR 74002 - Pacific Island Pelagic Fisheries; 2015 CNMI Longline Bigeye Tuna Fishery; Closure

80 FR 74002 - Pacific Island Pelagic Fisheries; 2015 CNMI Longline Bigeye Tuna Fishery; Closure

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 228 (November 27, 2015)

Page Range74002-74003
FR Document2015-30193

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 allocation limit for the Commonwealth of the Northern Mariana Islands (CNMI). This action is necessary to comply with regulations managing this fish stock.

Federal Register, Volume 80 Issue 228 (Friday, November 27, 2015) 
[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Rules and Regulations]
[Pages 74002-74003]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30193]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 130708597-4380-01]
RIN 0648-XE329


Pacific Island Pelagic Fisheries; 2015 CNMI Longline 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 as a result of the 
fishery reaching the 2015 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 November 30, 2015, through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIRO Sustainable 
Fisheries, 808-725-5176.

SUPPLEMENTARY INFORMATION: On August 5, 2015, NMFS restricted the 
retention, transshipment and landing of bigeye tuna captured by 
longline gear in the western and central Pacific Ocean (WCPO) as a 
result of the U.S. longline fishery reaching the 2015 U.S. bigeye

[[Page 74003]]

tuna limit of 3,502 mt (80 FR 44883, July 28, 2015). 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 October 9, 2015, NMFS specified a 2015 catch limit of 
2,000 mt of longline-caught bigeye tuna for the CNMI (80 FR 61767, 
October 14, 2015). NMFS also authorized the CNMI 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 October 9, 2015, 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 
September 16, 2015, and amended on October 15, 2015, by adding one 
vessel. NMFS reviewed the agreement, as amended, 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. 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 October 9, 2015. 
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 CNMI territorial allocation limit of 1,000 mt will 
be reached by the end of November 2015, 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

    On November 30, 2015, through December 31, 2015, 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 2015 
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 14, 2015. 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 August 5, 2015, as a result of the U.S. longline fishery 
reaching the 2015 U.S. bigeye tuna limit of 3,502 mt (80 FR 44883, July 
28, 2015) shall remain valid and effective.
    NMFS notes that there is a pending case in litigation--Conservation 
Council for Hawai'i, et al., v. NMFS (D. Hawaii); case no. 14-cv-528--
that challenges the framework process for allocations from the 
territories to U.S. longline fishing vessels.

Classification

    There is good cause to waive the prior notice and public comment 
requirement of the Administrative Procedure Act, and make this rule 
effective immediately upon publication in the Federal Register. 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 
2015 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 September 16, 2015, amended on October 15, 2015.
    NMFS forecasts that the fishery will reach the 2015 limit by the 
end of November 2015. 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. 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 to waive the 
30-day delay requirement of the Administrative Procedure Act for this 
notice and temporary rule. NMFS must close the fishery as soon as 
possible 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 
immediately 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 23, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-30193 Filed 11-23-15; 4:15 pm]
 BILLING CODE 3510-22-P

74002 Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations November 28, 2015. Therefore, NMFS migratory pelagic fish may continue to is reached or is projected to be reached closes the Florida west coast northern retain king mackerel in or from the has already been subject to notice and subzone to commercial king mackerel closed subzone under the bag and public comment, and all that remains is fishing on November 28, 2015, to possession limits set forth in 50 CFR to notify the public of the closure. Such protect the Gulf king mackerel resource. 622.382(a)(1)(ii) and (a)(2), provided the procedures are contrary to the public DATES: The closure is effective noon, vessel is operating as a charter vessel or interest because the capacity of the local time, November 28, 2015, until headboat. A charter vessel or headboat fishing fleet allows for rapid harvest of 12:01 a.m., local time, on July 1, 2016. that also has a commercial king the quota, and there is a need to FOR FURTHER INFORMATION CONTACT: mackerel permit is considered to be immediately implement this action to Susan Gerhart, NMFS Southeast operating as a charter vessel or headboat protect the king mackerel resource. Prior Regional Office, telephone: 727–824– when it carries a passenger who pays a notice and opportunity for public 5305, email: susan.gerhart@noaa.gov. fee or when there are more than three comment would require time and could persons aboard, including operator and potentially result in a harvest well in SUPPLEMENTARY INFORMATION: The crew. excess of the established quota. fishery for coastal migratory pelagic fish During the closure, king mackerel (king mackerel, Spanish mackerel, and For the aforementioned reasons, the from the closed subzone, including AA also finds good cause to waive the cobia) is managed under the Fishery those harvested under the bag and Management Plan for Coastal Migratory 30-day delay in the effectiveness of this possession limits, may not be purchased action under 5 U.S.C. 553(d)(3). Pelagic Resources in the Gulf of Mexico or sold. This prohibition does not apply and Atlantic Region (FMP). The FMP Authority: 16 U.S.C. 1801 et seq. to king mackerel from the closed zones was prepared by the Gulf of Mexico and or subzones that were harvested, landed Dated: November 23, 2015. South Atlantic Fishery Management ashore, and sold prior to the closure and Emily H. Menashes, Councils (Councils) and is implemented were held in cold storage by a dealer or Acting Director, Office of Sustainable by NMFS under the authority of the processor (50 CFR 622.384(e)(3)). Fisheries, National Marine Fisheries Service. Magnuson-Stevens Fishery The Florida west coast northern [FR Doc. 2015–30192 Filed 11–23–15; 4:15 pm] Conservation and Management Act subzone is that part of the EEZ between BILLING CODE 3510–22–P (Magnuson-Stevens Act) by regulations 26°19.8′ N. latitude (a line directly west at 50 CFR part 622. from the boundary between Lee and The Gulf migratory group king Collier Counties, FL) and 87°31.1′ W. DEPARTMENT OF COMMERCE mackerel is divided into western and longitude (a line directly south from the eastern zones. The Gulf’s eastern zone state boundary of Alabama and Florida). National Oceanic and Atmospheric for king mackerel is further divided into Administration the Florida west coast northern and Classification southern subzones that have separate The Regional Administrator, 50 CFR Part 665 quotas. The quota for the Florida west Southeast Region, NMFS, has coast northern subzone is 178,848 lb [Docket No. 130708597–4380–01] determined this temporary rule is (81,124 kg) (50 CFR necessary for the conservation and RIN 0648–XE329 622.384(b)(1)(i)(B)(2)). management of Gulf migratory group Regulations at 50 CFR 622.388(a)(1) king mackerel and is consistent with the Pacific Island Pelagic Fisheries; 2015 require NMFS to close the commercial Magnuson-Stevens Act and other CNMI Longline Bigeye Tuna Fishery; sector for Gulf migratory group king applicable laws. Closure mackerel in the Florida west coast This action is taken under 50 CFR AGENCY: National Marine Fisheries northern subzone when the commercial 622.388(a)(1) and 50 CFR 622.384(e) and Service (NMFS), National Oceanic and quota is reached, or is projected to be is exempt from review under Executive Atmospheric Administration (NOAA), reached, by filing a notification to that Order 12866. Commerce. effect with the Office of the Federal These measures are exempt from the Register. Based on the best scientific procedures of the Regulatory Flexibility ACTION: Temporary rule; closure. information available, NMFS has Act because the temporary rule is issued SUMMARY: NMFS is closing the U.S. determined the commercial quota of without opportunity for prior notice and pelagic longline fishery for bigeye tuna 178,848 lb (81,124 kg) for Gulf migratory comment. in the western and central Pacific Ocean group king mackerel in the Florida west This action responds to the best as a result of the fishery reaching the coast northern subzone will be reached scientific information available. The 2015 allocation limit for the by November 28, 2015. Accordingly, the Assistant Administrator for Fisheries, Commonwealth of the Northern Mariana Florida west coast northern subzone is NOAA (AA), finds that the need to Islands (CNMI). This action is necessary closed effective noon, local time, immediately implement this action to to comply with regulations managing November 28, 2015, through June 30, close the Florida west coast northern this fish stock. 2016, the end of the current fishing year, subzone of the Gulf eastern zone to commercial king mackerel fishing DATES: Effective November 30, 2015, to commercial fishing for Gulf migratory group king mackerel. constitutes good cause to waive the through December 31, 2015. Except for a person aboard a charter requirements to provide prior notice FOR FURTHER INFORMATION CONTACT: vessel or headboat, during the closure, and opportunity for public comment Jarad Makaiau, NMFS PIRO Sustainable no person aboard a vessel for which a pursuant to the authority set forth at 5 Fisheries, 808–725–5176. mstockstill on DSK4VPTVN1PROD with RULES commercial permit for king mackerel U.S.C. 553(b)(B), as such procedures are SUPPLEMENTARY INFORMATION: On August has been issued may fish for or retain unnecessary and contrary to the public 5, 2015, NMFS restricted the retention, Gulf group king mackerel in the EEZ in interest. Such procedures are transshipment and landing of bigeye the closed subzone (50 CFR unnecessary, because the rule tuna captured by longline gear in the 622.384(e)(1) and (e)(2)). A person implementing the commercial quota and western and central Pacific Ocean aboard a vessel that has a valid charter the associated requirement for closure of (WCPO) as a result of the U.S. longline vessel/headboat permit for coastal the commercial harvest when the quota fishery reaching the 2015 U.S. bigeye VerDate Sep<11>2014 16:09 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\27NOR1.SGM 27NOR1

Federal Register / Vol. 80, No. 228 / Friday, November 27, 2015 / Rules and Regulations 74003 tuna limit of 3,502 mt (80 FR 44883, November 2015, and is, as an by the 2015 specification for catch and July 28, 2015). Regulations at 50 CFR accountability measure, prohibiting the allocation limits of bigeye tuna for the 300.224(d) provide an exception to this catch and retention of longline-caught CNMI, and the specified fishing closure for bigeye tuna caught by U.S. bigeye tuna by vessels in the CNMI/QMI agreement between the Government of longline vessels identified in a valid agreement. the CNMI and QMI dated September 16, specified fishing agreement under 50 Notice of Closure and Temporary Rule 2015, amended on October 15, 2015. CFR 665.819(c). Further, 50 CFR NMFS forecasts that the fishery will 665.819(c)(9) authorized NMFS to On November 30, 2015, through December 31, 2015, NMFS closes the reach the 2015 limit by the end of attribute catches of bigeye tuna made by November 2015. Fishermen have been U.S. longline vessels identified in a U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific subject to longline bigeye tuna limits in valid specified fishing agreement to the the western and central Pacific since U.S. territory to which the agreement Ocean as a result of the fishery reaching the 2015 allocation limit of 1,000 mt for 2009. They have received ongoing, applies. updated information about the 2015 Effective on October 9, 2015, NMFS the CNMI. During the closure, a U.S. fishing catch and progress of the fishery in specified a 2015 catch limit of 2,000 mt reaching the Convention Area limit via of longline-caught bigeye tuna for the vessel operating under the CNMI/QMI agreement may not retain on board, the NMFS Web site, social media, and CNMI (80 FR 61767, October 14, 2015). other means. The publication timing of NMFS also authorized the CNMI to transship, or land bigeye tuna captured by longline gear in the WCPO, except this rule, moreover, provides longline allocate up to 1,000 mt of its 2,000 mt fishermen with seven days’ advance bigeye tuna limit to U.S. longline fishing that any bigeye tuna already on board a fishing vessel upon the effective date of notice of the closure date, and allows vessels permitted to fish under the two weeks to return to port and land Fishery Ecosystem Plan for Pelagic the restrictions may be retained on board, transshipped, and landed, their catch of bigeye tuna. This action is Fisheries of the Western Pacific (FEP). intended to comply with regulations On October 9, 2015, the Western provided that they are landed within 14 days of the start of the closure, that is, managing this stock, and, accordingly Pacific Fishery Management Council, NMFS finds it impracticable and through its Executive Director, by December 14, 2015. Additionally, U.S. fishing vessels operating under the contrary to the public interest to have transmitted to NMFS a specified fishing prior notice and public comment. agreement between the CNMI and Quota CNMI/QMI agreement are also prohibited from transshipping bigeye For the reasons stated above, there is Management, Inc. (QMI), dated tuna caught in the WCPO by longline also good cause to waive the 30-day September 16, 2015, and amended on gear to any vessel other than a U.S. delay requirement of the Administrative October 15, 2015, by adding one vessel. fishing vessel with a valid permit issued Procedure Act for this notice and NMFS reviewed the agreement, as under 50 CFR 660.707 or 665.801. temporary rule. NMFS must close the amended, and determined that it was During the closure, all other consistent with the requirements at 50 fishery as soon as possible to ensure that restrictions and requirements NMFS fishery does not exceed the allocation CFR 665.819, the FEP, the Magnuson- established on August 5, 2015, as a Stevens Fishery Conservation and limit. NMFS implemented the catch and result of the U.S. longline fishery allocation limits for the CNMI Management Act, and other applicable reaching the 2015 U.S. bigeye tuna limit laws. The criteria that a specified consistent with management objectives of 3,502 mt (80 FR 44883, July 28, 2015) to sustainable manage the bigeye tuna fishing agreement must meet, and the shall remain valid and effective. process for attributing longline-caught stock and restore the stock to levels NMFS notes that there is a pending capable of producing maximum bigeye tuna, followed the procedures in case in litigation—Conservation Council 50 CFR 665.819—Territorial catch and sustainable yield on a continuing basis. for Hawai’i, et al., v. NMFS (D. Hawaii); Failure to close the fishery immediately fishing effort limits. case no. 14–cv–528—that challenges the In accordance with 50 CFR 300.224(d) would be inconsistent with bigeye tuna framework process for allocations from and 50 CFR 665.819(c)(9), NMFS began management objections and in violation the territories to U.S. longline fishing attributing bigeye tuna caught in the of Federal law. vessels. WCPO by vessels identified in the This action is required by 50 CFR CNMI/QMI agreement to the CNMI, Classification 665.819(d), and is exempt from review beginning on October 9, 2015. NMFS There is good cause to waive the prior under Executive Order 12866. monitored catches of longline-caught notice and public comment requirement Authority: 16 U.S.C. 1801 et seq. bigeye tuna by the CNMI longline of the Administrative Procedure Act, fisheries, including catches made by and make this rule effective Dated: November 23, 2015. U.S. longline vessels operating under immediately upon publication in the Emily H. Menashes, the CNMI/QMI agreement. Based on this Federal Register. This rule closes the Acting Director, Office of Sustainable monitoring, NMFS forecasted that the U.S. longline fishery for bigeye tuna in Fisheries, National Marine Fisheries Service. CNMI territorial allocation limit of 1,000 the WCPO as a result of reaching the [FR Doc. 2015–30193 Filed 11–23–15; 4:15 pm] mt will be reached by the end of bigeye tuna allocation limit established BILLING CODE 3510–22–P mstockstill on DSK4VPTVN1PROD with RULES VerDate Sep<11>2014 16:09 Nov 25, 2015 Jkt 238001 PO 00000 Frm 00061 Fmt 4700 Sfmt 9990 E:\FR\FM\27NOR1.SGM 27NOR1


Document Created: 2015-12-14 14:05:28
Document Modified: 2015-12-14 14:05:28
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; closure.
DatesEffective November 30, 2015, through December 31, 2015.
ContactJarad Makaiau, NMFS PIRO Sustainable Fisheries, 808-725-5176.
FR Citation80 FR 74002 
RIN Number0648-XE32
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