81 FR 46614 - International Fisheries; Pacific Tuna Fisheries; 2016 Bigeye Tuna Longline Fishery Closure in the Eastern Pacific Ocean
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 137 (July 18, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 137 (July 18, 2016)
| Page Range | 46614-46615 | |
| FR Document | 2016-16893 |
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)] [Rules and Regulations] [Pages 46614-46615] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16893] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 130717632-4285-02] RIN 0648-XE729 International Fisheries; Pacific Tuna Fisheries; 2016 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, 2016, because the 2016 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 (Multiannual Program for the Conservation of Tuna in the Eastern Pacific Ocean During 2014-2016). DATES: The rule is effective 12 a.m. local time July 25, 2016, through 11:59 p.m. local time December 31, 2016. 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 as amended (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 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 2016 catch limit is expected to be reached by July 25, 2016. 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 July 25, 2016, through the end of the 2016 calendar year. The 2017 fishing year is scheduled to open on January 1, 2017; the bigeye tuna catch limit for longline vessels over 24 meters in overall length has yet to be determined for 2017. The IATTC will meet in October 2016 and is scheduled to address tropical tuna conservation and management, including the catch limit for large longline vessels. Any measures adopted by the IATTC in October 2016 would subsequently be implemented by NMFS via rulemaking. 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 July 25, 2016, 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 8, 2016. 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 July 25, 2016. 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 recodifed to Sec. 665.801. --------------------------------------------------------------------------- A U.S. fishing vessel 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 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 2016 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 [[Page 46615]] 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 Sec. 300.25(b) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 951 et seq. Dated: July 13, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-16893 Filed 7-13-16; 4:15 pm] BILLING CODE 3510-22-P
![46614 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations
Dated: July 8, 2016. Conventions Act as amended (Act), 16 • In the case of a vessel that has
Madhura C. Valverde, U.S.C. 951–962. Under the Act, NMFS declared to NMFS that the current trip
Executive Secretary to the Department, must publish regulations to carry out type is shallow-set longlining, the 14-
Department of Health and Human Services. recommendations of the IATTC that day limit to land all bigeye in the
[FR Doc. 2016–16680 Filed 7–15–16; 8:45 am] have been approved by the Department previous paragraph is waived. However,
BILLING CODE 4153–01–P of State (DOS). Regulations governing the prohibition on any additional
fishing by U.S. vessels in accordance retention of bigeye tuna still applies as
with the Act appear at 50 CFR part 300, of July 25, 2016.
DEPARTMENT OF COMMERCE subpart C. These regulations implement Other prohibitions during the closure
IATTC recommendations for the include the following:
National Oceanic and Atmospheric conservation and management of highly • Bigeye tuna caught by a United
Administration migratory fish resources in the EPO. States vessel over 24 meters in overall
In 2013, the IATTC adopted length with longline gear in the IATTC
50 CFR Part 300 Resolution C–13–01, which establishes Convention Area may not be
an annual catch limit of bigeye tuna for transshipped to a fishing vessel unless
[Docket No. 130717632–4285–02] longline vessels over 24 meters. For that fishing vessel is operated in
RIN 0648–XE729 calendar years 2014, 2015, and 2016, the compliance with a valid permit issued
catch of bigeye tuna by longline gear in under 50 CFR 660.707 or 665.801.1
International Fisheries; Pacific Tuna the IATTC Convention Area by fishing • A U.S. fishing vessel over 24 meters
Fisheries; 2016 Bigeye Tuna Longline vessels of the United States that are over in overall length that is not on a
Fishery Closure in the Eastern Pacific 24 meters in overall length is limited to declared shallow-set longline trip may
Ocean 500 metric tons per year. With the not be used to fish in the Pacific Ocean
approval of the DOS, NMFS using longline gear both inside and
AGENCY: National Marine Fisheries
implemented this catch limit by notice- outside the IATTC Convention Area
Service (NMFS), National Oceanic and
and-comment rulemaking under the Act during the same fishing trip, with the
Atmospheric Administration (NOAA),
(79 FR 19487, April 9, 2014, and exception of a fishing trip that was
Commerce.
codified at 50 CFR 300.25). already in progress when the
ACTION: Temporary rule; closure. NMFS, through monitoring the prohibitions were put into effect.
SUMMARY: NMFS is temporarily closing retained catches of bigeye tuna using • If a vessel over 24 meters in overall
the U.S. pelagic longline fishery for logbook data submitted by vessel length not on a declared shallow-set
bigeye tuna for vessels over 24 meters in captains and other available information longline trip is used to fish in the
overall length in the eastern Pacific from the longline fisheries in the IATTC Pacific Ocean using longline gear
Ocean (EPO) through December 31, Convention Area, has determined that outside the IATTC Convention Area,
2016, because the 2016 catch limit of the 2016 catch limit is expected to be and the vessel enters the IATTC
500 metric tons is expected to be reached by July 25, 2016. In accordance Convention Area at any time during the
reached. This action is necessary to with 50 CFR 300.25(b), this Federal same fishing trip, the longline gear on
prevent the fishery from exceeding the Register notice announces that the U.S. the fishing vessel must be stowed in a
applicable catch limit established by the longline fishery for bigeye tuna in the manner so as not to be readily available
Inter-American Tropical Tuna IATTC Convention Area will be closed for fishing. Specifically, the hooks,
for vessels over 24 meters in overall branch lines, and floats must be stowed
Commission (IATTC) in Resolution C–
length starting on July 25, 2016, through and not available for immediate use,
13–01 (Multiannual Program for the
the end of the 2016 calendar year. The and any power-operated mainline
Conservation of Tuna in the Eastern
2017 fishing year is scheduled to open hauler on deck must be covered in such
Pacific Ocean During 2014–2016).
on January 1, 2017; the bigeye tuna a manner that it is not readily available
DATES: The rule is effective 12 a.m. local
catch limit for longline vessels over 24 for use.
time July 25, 2016, through 11:59 p.m. meters in overall length has yet to be
local time December 31, 2016. determined for 2017. The IATTC will Classification
FOR FURTHER INFORMATION CONTACT: meet in October 2016 and is scheduled NMFS has determined there is good
Taylor Debevec, NMFS West Coast to address tropical tuna conservation cause to waive prior notice and
Region, 562–980–4066. and management, including the catch opportunity for public comment
SUPPLEMENTARY INFORMATION: The limit for large longline vessels. Any pursuant to 5 U.S.C. 553(b)(B). This
United States is a member of the IATTC, measures adopted by the IATTC in action is based on the best available
which was established under the October 2016 would subsequently be information and is necessary for the
Convention for the Establishment of an implemented by NMFS via rulemaking. conservation and management of bigeye
Inter-American Tropical Tuna During the closure, a U.S. fishing tuna. Compliance with the notice and
Commission signed in 1949 vessel over 24 meters in overall length comment requirement would be
(Convention). The Convention provides may not be used to retain on board, impracticable and contrary to the public
an international agreement to ensure the transship, or land bigeye tuna captured interest because NMFS would be unable
effective international conservation and by longline gear in the IATTC to ensure that the 2016 bigeye tuna
management of highly migratory species Convention Area, except as follows: catch limit applicable to longline
of fish in the IATTC Convention Area. • Any bigeye tuna already on board a
vessels over 24 meters is not exceeded.
asabaliauskas on DSK3SPTVN1PROD with RULES
The IATTC Convention Area, as fishing vessel on July 25, 2016, may be
The annual catch limit is an important
amended by the Antigua Convention, retained on board, transshipped, and/or
mechanism to ensure that the United
includes the waters of the EPO bounded landed, to the extent authorized by
States complies with its international
by the coast of the Americas, the 50° N. applicable laws and regulations,
obligations in preventing overfishing
and 50° S. parallels, and the 150° W. provided all bigeye tuna are landed
meridian. within 14 days after the effective date of 1 In 50 CFR 300.25(b)(4)(ii), the reference to
Pelagic longline fishing in the EPO is this rule, that is, no later than August 8, § 665.21 is outdated. The former 50 CFR 665.21 has
managed, in part, under the Tuna 2016. been recodifed to § 665.801.
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![Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 46615
and managing the fishery at optimum intended to prevent an overage of the Web site at: http://www.greateratlantic
yield. Moreover, NMFS previously common pool’s quota for this stock.This .fisheries.noaa.gov/ro/fso/
solicited, and considered, public action is effective July 13, 2016, through MultiMonReports.htm. We will continue
comments on the rule that established August 31, 2016. to monitor common pool catch through
the catch limit (79 FR 19487, April 9, FOR FURTHER INFORMATION CONTACT: Liz vessel trip reports, dealer-reported
2014), including a provision for issuing Sullivan, Fishery Management landings, VMS catch reports, and other
a notice to close the fishery, if Specialist, (978) 282–8493. available information, and, if necessary,
necessary, to prevent exceeding the SUPPLEMENTARY INFORMATION: Federal we will make additional adjustments to
catch limit. For the same reasons, NMFS regulations at § 648.82(n)(2)(ii) require common pool management measures.
has also determined there is good cause the Regional Administrator to close a Classification
to waive the requirement for a 30-day common pool Trimester Total
delay in effectiveness under 5 U.S.C. Allowable Catch (TAC) Area for a stock This action is required by 50 CFR part
553(d)(3). when 90 percent of the Trimester TAC 648 and is exempt from review under
This action is required by § 300.25(b) is projected to be caught. The closure Executive Order 12866.
and is exempt from review under applies to all common pool vessels The Assistant Administrator for
Executive Order 12866. fishing with gear capable of catching Fisheries, NOAA, finds good cause
Authority: 16 U.S.C. 951 et seq. that stock for the remainder of the pursuant to 5 U.S.C. 553(b)(B) and 5
trimester. U.S.C. 553(d)(3) to waive prior notice
Dated: July 13, 2016.
As of July 11, 2016, the common pool
Emily H. Menashes, and the opportunity for public comment
fishery caught between 79 and 89
Acting Director, Office of Sustainable and the 30-day delayed effectiveness
percent of the Trimester 1 TAC (3.3 mt)
Fisheries, National Marine Fisheries Service. period because it would be
for Georges Bank (GB) cod. We project
[FR Doc. 2016–16893 Filed 7–13–16; 4:15 pm] impracticable and contrary to the public
that 90 percent of the Trimester 1 TAC
interest.
BILLING CODE 3510–22–P will be caught within a few days. The
fishing year 2016 common pool sub- Regulations require the Regional
annual catch limit (sub-ACL) for GB cod Administrator to close a trimester TAC
DEPARTMENT OF COMMERCE is 13.2 mt. area to the common pool fishery when
Effective July 13, 2016, the GB Cod 90 percent of the Trimester TAC for a
National Oceanic and Atmospheric stock has been caught. Updated catch
Trimester TAC Area is closed for the
Administration information only recently became
remainder of Trimester 1, through
August 31, 2016, to all common pool available indicating that the common
50 CFR Part 648 pool fishery will catch 90 percent of its
vessels fishing with trawl gear, sink
[Docket No. 151211999–6343–02] gillnet gear, and longline/hook gear. The Trimester 1 TAC for GB cod in the week
GB Cod Trimester TAC Area consists of of July 11, 2016. The time necessary to
RIN 0648–XE720
statistical areas 521, 522, 525, and 561. provide for prior notice and comment,
Fisheries of the Northeastern United The area reopens at the beginning of and a 30-day delay in effectiveness,
States; Northeast Multispecies Trimester 2 on September 1, 2016. prevents the immediate closure of the
Fishery; Georges Bank Cod Trimester If a vessel declared its trip through the GB Cod Trimester 1 TAC Area. Delaying
Total Allowable Catch Area Closure for Vessel Monitoring System (VMS) or the the effective date of a closure increases
the Common Pool Fishery interactive voice response system, and the likelihood that the common pool
crossed the VMS demarcation line prior fishery will exceed its quota of GB cod
AGENCY: National Marine Fisheries to July 13, 2016, it may complete its trip to the detriment of this stock, which
Service (NMFS), National Oceanic and within the Trimester TAC Area. could undermine management
Atmospheric Administration (NOAA), Any overage of the Trimester 1 or 2 objectives of the Northeast Multispecies
Commerce. TACs must be deducted from the Fishery Management Plan. Additionally,
ACTION: Temporary rule; area closure. Trimester 3 TAC. If the common pool an overage of the common pool quota
fishery exceeds its sub-ACL for the 2016 could cause negative economic impacts
SUMMARY: This action closes the Georges fishing year, the overage must be to the common pool fishery as a result
Bank Cod Trimester Total Allowable deducted from the common pool’s sub- of overage paybacks in a future trimester
Catch Area to Northeast multispecies ACL for fishing year 2017. Any or fishing year.
common pool vessels fishing with trawl uncaught portion of the Trimester 1 and Authority: 16 U.S.C. 1801 et seq.
gear, sink gillnet gear, and longline/ Trimester 2 TACs is carried over into
hook gear for the remainder of Trimester the next trimester. However, any Dated: July 13, 2016.
1, through August 31, 2016. The closure uncaught portion of the common pool’s Emily H. Menashes,
is required by regulation because the sub-ACL may not be carried over into Acting Director, Office of Sustainable
common pool fishery has caught 90 the following fishing year. Fisheries, National Marine Fisheries Service.
percent of its Trimester 1 quota for Weekly quota monitoring reports for [FR Doc. 2016–16891 Filed 7–13–16; 4:15 pm]
Georges Bank cod. This closure is the common pool fishery are on our BILLING CODE 3510–22–P
asabaliauskas on DSK3SPTVN1PROD with RULES
VerDate Sep<11>2014 16:07 Jul 15, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 E:\FR\FM\18JYR1.SGM 18JYR1](https://thefederalregister.org/doc/81_FR_46751/page/2.svg)
Document Created: 2016-07-16 02:28:28
Document Modified: 2016-07-16 02:28:28
| 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 July 25, 2016, through 11:59 p.m. local time December 31, 2016. | |
| Contact | Taylor Debevec, NMFS West Coast Region, 562-980-4066. | |
| FR Citation | 81 FR 46614 | |
| RIN Number | 0648-XE72 |
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