81_FR_46118 81 FR 45982 - Western and Central Pacific Fisheries for Highly Migratory Species; 2016 Bigeye Tuna Longline Fishery Closure

81 FR 45982 - Western and Central Pacific Fisheries for Highly Migratory Species; 2016 Bigeye Tuna Longline Fishery Closure

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 136 (July 15, 2016)

Page Range45982-45983
FR Document2016-16754

NMFS is closing the U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean because the fishery has reached the 2016 catch limit. This action is necessary to ensure compliance with NMFS regulations that implement decisions of the Western and Central Pacific Fisheries Commission (WCPFC).

Federal Register, Volume 81 Issue 136 (Friday, July 15, 2016) 
[Federal Register Volume 81, Number 136 (Friday, July 15, 2016)]
[Rules and Regulations]
[Pages 45982-45983]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16754]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 160205084-6510-02]
RIN 0648-XE719


Western and Central Pacific Fisheries for Highly Migratory 
Species; 2016 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 because the fishery has 
reached the 2016 catch limit. This action is necessary to ensure 
compliance with NMFS regulations that implement decisions of the 
Western and Central Pacific Fisheries Commission (WCPFC).

DATES: Effective 12:01 a.m. local time July 22, 2016, through December 
31, 2016.

ADDRESSES: NMFS prepared a plain language guide and frequently asked 
questions that explain how to comply with this rule; both are available 
at https://www.regulations.gov/docket?D=NOAA-NMFS-2016-0091.

FOR FURTHER INFORMATION CONTACT: Ariel Jacobs, NMFS Pacific Islands 
Region, 808-725-5182.

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 2016 limit of 3,554 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) (81 
FR 41239, June 24, 2016). NMFS monitored the retained catches of bigeye 
tuna using logbook data submitted by vessel captains and other 
available information, and determined that the 2016 catch limit would 
be reached by July 22, 2016.
    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, 2017. 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 caught 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 5, 2016. 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
    (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(c), in accordance with 50 CFR 300.224(f)(1)(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

[[Page 45983]]

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 (see 50 CFR 
300.224):
    (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 July 22, 2016. In that case, the 
catch of bigeye tuna must be landed by August 5, 2016; 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(c), in accordance with 50 CFR 300.224(f)(1)(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 2016 limit by July 22, 
2016. 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 2016 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 regulations that implement WCPFC decisions.
    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 12, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-16754 Filed 7-12-16; 4:15 pm]
 BILLING CODE 3510-22-P

45982 Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Rules and Regulations and add paragraph (b)(5) to read as Issued in Washington, DC, on July 5, 2016, 24, 2016). NMFS monitored the retained follows: under authority delegated in 49 CFR 1.27(c). catches of bigeye tuna using logbook Molly J. Moran, data submitted by vessel captains and § 8.25 Personnel Security Review Board. other available information, and Acting General Counsel. (a) The Department of Transportation [FR Doc. 2016–16565 Filed 7–14–16; 8:45 am] determined that the 2016 catch limit Personnel Security Review Board will, BILLING CODE 4910–9X–P would be reached by July 22, 2016. on behalf of the Secretary of In accordance with 50 CFR Transportation (except in any case in 300.224(e), this rule serves as advance which the Secretary personally makes DEPARTMENT OF COMMERCE notification to fishermen, the fishing the decision), make the administratively industry, and the general public that the final decision on an appeal arising in National Oceanic and Atmospheric U.S. longline fishery for bigeye tuna in any part of the Department from: Administration the Convention Area will be closed * * * * * during the dates provided in the DATES (b) * * * 50 CFR Part 300 heading. The fishery is scheduled to (1) Two persons appointed by the reopen on January 1, 2017. This rule [Docket No. 160205084–6510–02] does not apply to the longline fisheries Assistant Secretary for Administration: One from the Office of Human Resource RIN 0648–XE719 of American Samoa, Guam, or the Management, and one, familiar with Commonwealth of the Northern Mariana Western and Central Pacific Fisheries Islands, collectively ‘‘the territories,’’ as personnel security adjudication, from for Highly Migratory Species; 2016 described below. the Office of Security, who will serve as Bigeye Tuna Longline Fishery Closure During the closure, a U.S. fishing Chair; vessel may not retain on board, (2) One person appointed by the AGENCY: National Marine Fisheries transship, or land bigeye tuna caught by General Counsel, who, in addition to Service (NMFS), National Oceanic and longline gear in the Convention Area, serving as a member of the Board, will Atmospheric Administration (NOAA), except that any bigeye tuna already on provide to the Board whatever legal Commerce. board a fishing vessel upon the effective services it may require; ACTION: Temporary rule; fishery closure. date of the restrictions may be retained (3) One person appointed by the on board, transshipped, and landed, Administrator of the Federal Aviation SUMMARY: NMFS is closing the U.S. provided that they are landed within 14 Administration; and pelagic longline fishery for bigeye tuna days of the start of the closure, that is, (4) One person appointed by the in the western and central Pacific Ocean by August 5, 2016. This 14-day landing Administrator of the Federal Highway because the fishery has reached the requirement does not apply to a vessel Administration. 2016 catch limit. This action is that has declared to NMFS, pursuant to (5) Any member may designate a necessary to ensure compliance with 50 CFR 665.803(a), that the current trip representative, meeting the same criteria NMFS regulations that implement type is shallow-setting. as the member, with full power to serve decisions of the Western and Central Longline-caught bigeye tuna may be in his/her place. Pacific Fisheries Commission (WCPFC). retained on board, transshipped, and DATES: Effective 12:01 a.m. local time landed if the fish are caught by a vessel * * * * * July 22, 2016, through December 31, with a valid American Samoa longline ■ 14. Section 8.29 is revised to read as 2016. permit, or landed in the territories. In follows: ADDRESSES: NMFS prepared a plain either case, the following conditions § 8.29 Access by historical researchers language guide and frequently asked must be met: and former Presidential appointees. questions that explain how to comply (1) The fish is not caught in the U.S. Access to classified information may with this rule; both are available at Exclusive Economic Zone (EEZ) around be granted to historical researchers and https://www.regulations.gov/ Hawaii; former Presidents and Vice-Presidents docket?D=NOAA-NMFS-2016-0091. (2) Other applicable laws and and their appointees as outlined in regulations are followed; and FOR FURTHER INFORMATION CONTACT: (3) The vessel has a valid permit Executive Order 13526 or its successor Ariel Jacobs, NMFS Pacific Islands issued under 50 CFR 660.707 or order. The general guidelines for access Region, 808–725–5182. 665.801. to classified information are contained SUPPLEMENTARY INFORMATION: Pelagic Bigeye tuna caught by longline gear in Executive Order 12968. longline fishing in the western and during the closure may also be retained ■ 15. In § 8.31, amend paragraph (b) by central Pacific Ocean is managed, in on board, transshipped, and/or landed if adding the word ‘‘an’’ between ‘‘into part, under the Western and Central they are caught by a vessel that is agreement’’ in the first sentence and by Pacific Fisheries Convention included in a specified fishing removing the last three sentences and Implementation Act (Act). Regulations agreement under 50 CFR 665.819(c), in adding a new sentence in their place. governing fishing by U.S. vessels in accordance with 50 CFR The addition reads as follows: accordance with the Act appear at 50 300.224(f)(1)(iv). CFR part 300, subpart O. During the closure, a U.S. vessel is § 8.31 Industrial security. NMFS established a calendar year also prohibited from transshipping * * * * * 2016 limit of 3,554 metric tons (mt) of bigeye tuna caught in the Convention (b) * * * Specifically, this regulation bigeye tuna (Thunnus obesus) that may Area by longline gear to any vessel other is DOD 5220.22–M, National Industrial be caught and retained in the U.S. rmajette on DSK2TPTVN1PROD with RULES than a U.S. fishing vessel with a valid Security Program Operating Manual, pelagic longline fishery in the area of permit issued under 50 CFR 660.707 or and is effective within the Department application of the Convention on the 665.801. of Transportation. Appropriate security Conservation and Management of The catch limit and this closure do staff, project personnel, and contracting Highly Migratory Fish Stocks in the not apply to bigeye tuna caught by officers must assure that actions Western and Central Pacific Ocean longline gear outside the Convention required by the regulation are taken. (Convention Area) (81 FR 41239, June Area, such as in the eastern Pacific VerDate Sep<11>2014 15:21 Jul 14, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\15JYR1.SGM 15JYR1

Federal Register / Vol. 81, No. 136 / Friday, July 15, 2016 / Rules and Regulations 45983 Ocean. To ensure compliance with the landing bigeye tuna in one of the with seven days’ advance notice of the restrictions related to bigeye tuna caught territories, as long as the bigeye tuna closure date, and allows two weeks to by longline gear in the Convention Area, were not caught in the EEZ around return to port and land their catch of however, the following requirements Hawaii, the fishing was compliant with bigeye tuna. apply during the closure period (see 50 all applicable laws, and the vessel has For the reasons stated above, there is CFR 300.224): a valid permit issued under 50 CFR also good cause under 5 U.S.C. 553(d)(3) (1) Longline fishing both inside and 660.707 or 665.801. to waive the 30-day delay in outside the Convention Area is not effectiveness for this temporary rule. Classification allowed during the same fishing trip. An NMFS must close the fishery as soon as exception would be a fishing trip that is There is good cause under 5 U.S.C. possible to ensure that fishery does not in progress on July 22, 2016. In that 553(b)(B) to waive prior notice and the exceed the catch limit. According to case, the catch of bigeye tuna must be opportunity for public comment on this NMFS stock-status-determination landed by August 5, 2016; and action, because it would be contrary to criteria, bigeye tuna in the Pacific Ocean (2) If a longline vessel fishes outside the public interest. This rule closes the are currently experiencing overfishing. the Convention Area and the vessel then U.S. longline fishery for bigeye tuna in NMFS implemented the catch limit to enters the Convention Area during the the western and central Pacific as a reduce the effects of fishing on bigeye same fishing trip, the fishing gear must result of reaching the applicable bigeye tuna and restore the stock to levels be stowed and not readily available for tuna catch limit. The limit is codified in capable of producing maximum fishing in the Convention Area. Federal regulations and is based on sustainable yield on a continuing basis. Specifically, hooks, branch lines, and agreed limits established by the Western Failure to close the fishery immediately floats must be stowed and the mainline and Central Pacific Fisheries would result in additional fishing hauler must be covered. Commission. NMFS forecasts that the pressure on this stock, in violation of The above two additional prohibitions fishery will reach the 2016 limit by July Federal law and regulations that do not apply to the following vessels: 22, 2016. Longline fishermen have been implement WCPFC decisions. (1) Vessels on declared shallow- subject to longline bigeye tuna limits in This action is required by 50 CFR setting trips pursuant to 50 CFR the western and central Pacific since 300.224 and is exempt from review 665.803(a); and 2009. They have received ongoing, under Executive Order 12866. (2) Vessels operating in the longline updated information about the 2016 Authority: 16 U.S.C. 6901 et seq. fisheries of the territories. This includes catch and progress of the fishery in vessels included in a specified fishing reaching the Convention Area limit via Dated: July 12, 2016. agreement under 50 CFR 665.819(c), in the NMFS Web site, social media, and Emily H. Menashes, accordance with 50 CFR other means. This constitutes adequate Acting Director, Office of Sustainable 300.224(f)(1)(iv). This group also advance notice of this fishery closure. Fisheries, National Marine Fisheries Service. includes vessels with valid American Additionally, the publication timing of [FR Doc. 2016–16754 Filed 7–12–16; 4:15 pm] Samoa longline permits and vessels this rule provides longline fishermen BILLING CODE 3510–22–P rmajette on DSK2TPTVN1PROD with RULES VerDate Sep<11>2014 15:21 Jul 14, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4700 Sfmt 9990 E:\FR\FM\15JYR1.SGM 15JYR1


Document Created: 2016-07-15 02:53:07
Document Modified: 2016-07-15 02:53:07
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 12:01 a.m. local time July 22, 2016, through December 31, 2016.
ContactAriel Jacobs, NMFS Pacific Islands Region, 808-725-5182.
FR Citation81 FR 45982 
RIN Number0648-XE71
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