82_FR_37979 82 FR 37824 - Western and Central Pacific Fisheries for Highly Migratory Species; 2017 Bigeye Tuna Longline Fishery Closure

82 FR 37824 - Western and Central Pacific Fisheries for Highly Migratory Species; 2017 Bigeye Tuna Longline Fishery Closure

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 155 (August 14, 2017)

Page Range37824-37825
FR Document2017-17164

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 2017 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 82 Issue 155 (Monday, August 14, 2017) 
[Federal Register Volume 82, Number 155 (Monday, August 14, 2017)]
[Rules and Regulations]
[Pages 37824-37825]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17164]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170329334-7665-01]
RIN 0648-XF578


Western and Central Pacific Fisheries for Highly Migratory 
Species; 2017 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 2017 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 September 1, 2017, 2017, through 
December 31, 2017.

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-2017-0092.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS Pacific Islands 
Region, 808-725-5176.

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 2017 limit of 3,138 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) (82 
FR 36341, August 4, 2017). NMFS monitored the retained

[[Page 37825]]

catches of bigeye tuna using logbook data submitted by vessel captains 
and other available information, and determined that the 2017 catch 
limit would be reached by September 1, 2017.
    In accordance with 50 CFR 300.224(e), this rule serves as 
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, 2018. 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 September 15, 2017. 
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.
    During the effective period of the restrictions, 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 if the fish are 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 valid 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 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 September 1, 2017. In that case, 
the catch of bigeye tuna must be landed by September 15, 2017; 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 valid 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 unnecessary and 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. 50 CFR 300.224(e) notifies the public that fishing 
prohibitions will be placed in effect when the limit is reached. NMFS 
forecasts that the fishery will reach the 2017 limit by September 1, 
2017. 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 2017 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: August 9, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-17164 Filed 8-10-17; 11:15 am]
BILLING CODE 3510-22-P

37824 Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations G. Executive Order 13045: Protection of Dated: August 7, 2017. required for the RCA and described in Children From Environmental Health E. Scott Pruitt, paragraph (5)(ii) of this section. Risks and Safety Risks Administrator. * * * * * [FR Doc. 2017–17123 Filed 8–11–17; 8:45 am] The EPA interprets Executive Order For the reasons stated in the BILLING CODE 6560–50–P 13045 as applying only to those preamble, title 40, chapter I of the Code regulatory actions that concern of Federal Regulations is amended as environmental health or safety risks that follows: DEPARTMENT OF COMMERCE the EPA has reason to believe may disproportionately affect children, per PART 60—STANDARDS OF National Oceanic and Atmospheric the definition of ‘‘covered regulatory PERFORMANCE FOR NEW Administration action’’ in section 2–202 of the STATIONARY SOURCES Executive Order. This action is not 50 CFR Part 300 subject to Executive Order 13045 ■ 1. The authority citation for part 60 continues to read as follows: [Docket No. 170329334–7665–01] because it does not concern an environmental health risk or safety risk. Authority: 42 U.S.C. 7401 et seq. RIN 0648–XF578 H. Executive Order 13211: Actions ■ 2. In Appendix F, Procedure 2, in Western and Central Pacific Fisheries Concerning Regulations That section 10.4, paragraphs (5) and (6) are for Highly Migratory Species; 2017 Significantly Affect Energy Supply, revised to read as follows: Bigeye Tuna Longline Fishery Closure Distribution, or Use Appendix F to Part 60—Quality AGENCY: National Marine Fisheries This action is not subject to Executive Assurance Procedures Service (NMFS), National Oceanic and Order 13211, because it is not a * * * * * Atmospheric Administration (NOAA), significant regulatory action under Commerce. Procedure 2—Quality Assurance Executive Order 12866. ACTION: Temporary rule; fishery closure. Requirements for Particulate Matter I. National Technology Transfer and Continuous Emission Monitoring Systems at SUMMARY: NMFS is closing the U.S. Stationary Sources Advancement Act (NTTAA) pelagic longline fishery for bigeye tuna * * * * * in the western and central Pacific Ocean This rulemaking does not involve 10.4 * * * because the fishery has reached the technical standards. (5) What are the criteria for passing a RCA? 2017 catch limit. This action is To pass a RCA, you must meet the criteria J. Executive Order 12898: Federal specified in paragraphs (5)(i) and (ii) of this necessary to ensure compliance with Actions To Address Environmental section. If your PM CEMS fails to meet these NMFS regulations that implement Justice in Minority Populations and RCA criteria, it is out of control. decisions of the Western and Central (i) For all 12 data points, the PM CEMS Pacific Fisheries Commission (WCPFC). Low-Income Populations response value can be no greater than the DATES: Effective 12:01 a.m. local time The EPA believes that this action will greatest PM CEMS response value used to September 1, 2017, 2017, through not have disproportionately high and develop your correlation curve. December 31, 2017. (ii) At least 75 percent of a minimum adverse human health or environmental number of 12 sets of PM CEMS and reference ADDRESSES: NMFS prepared a plain effects on minority or low-income method measurements must fall within a language guide and frequently asked populations because it does not affect specified area on a graph of the correlation questions that explain how to comply the level of protection provided to regression line. The specified area on the with this rule; both are available at human health or the environment. This graph of the correlation regression line is https://www.regulations.gov/ action will help to ensure that emission defined by two lines parallel to the docket?D=NOAA-NMFS-2017-0092. control devices are operated properly correlation regression line, offset at a FOR FURTHER INFORMATION CONTACT: distance of ±25 percent of the numerical and maintained as needed, thereby emission limit value from the correlation Jarad Makaiau, NMFS Pacific Islands helping to ensure compliance with regression line. If any of the PM CEMS Region, 808–725–5176. emission standards, which would response values resulting from your RCA are SUPPLEMENTARY INFORMATION: Pelagic benefit all affected populations. lower than the lowest PM CEMS response longline fishing in the western and value of your existing correlation curve, you central Pacific Ocean is managed, in K. Congressional Review Act (CRA) may extend your correlation regression line part, under the Western and Central to the point corresponding to the lowest PM This action is subject to the CRA, and Pacific Fisheries Convention CEMS response value obtained during the the EPA will submit a rule report to RCA. This extended correlation regression Implementation Act (Act). Regulations each House of the Congress and to the line must then be used to determine if the governing fishing by U.S. vessels in Comptroller General of the United RCA data meets this criterion. accordance with the Act appear at 50 States. This action is not a ‘‘major rule’’ (6) What are the criteria to pass a RRA? To CFR part 300, subpart O. as defined by 5 U.S.C. 804(2). pass a RRA, you must meet the criteria NMFS established a calendar year specified in paragraphs (6)(i) and (ii) of this 2017 limit of 3,138 metric tons (mt) of List of Subjects in 40 CFR Part 60 section. If your PM CEMS fails to meet these bigeye tuna (Thunnus obesus) that may RRA criteria, it is out of control. be caught and retained in the U.S. sradovich on DSK3GMQ082PROD with RULES Environmental protection, (i) For all three data points, the PM CEMS pelagic longline fishery in the area of Administrative practice and procedure, response value can be no greater than the application of the Convention on the Air pollution control, Continuous greatest PM CEMS response value used to develop your correlation curve. Conservation and Management of emission monitoring systems, Highly Migratory Fish Stocks in the (ii) At least two of the three sets of PM Particulate matter, Performance CEMS and reference method measurements Western and Central Pacific Ocean specifications, Test methods and must fall within the same specified area on (Convention Area) (82 FR 36341, August procedures. a graph of the correlation regression line as 4, 2017). NMFS monitored the retained VerDate Sep<11>2014 15:51 Aug 11, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1

Federal Register / Vol. 82, No. 155 / Monday, August 14, 2017 / Rules and Regulations 37825 catches of bigeye tuna using logbook Ocean. To ensure compliance with the Web site, social media, and other data submitted by vessel captains and restrictions related to bigeye tuna caught means. This constitutes adequate other available information, and by longline gear in the Convention Area, advance notice of this fishery closure. determined that the 2017 catch limit however, the following requirements Additionally, the publication timing of would be reached by September 1, 2017. apply during the closure period (see 50 this rule provides longline fishermen In accordance with 50 CFR CFR 300.224): with seven days advance notice of the 300.224(e), this rule serves as (1) Longline fishing both inside and closure date, and allows two weeks to notification to fishermen, the fishing outside the Convention Area is not return to port and land their catch of industry, and the general public that the allowed during the same fishing trip. An bigeye tuna. U.S. longline fishery for bigeye tuna in exception would be a fishing trip that is For the reasons stated above, there is the Convention Area will be closed in progress on September 1, 2017. In also good cause under 5 U.S.C. 553(d)(3) during the dates provided in the DATES that case, the catch of bigeye tuna must to waive the 30-day delay in heading. The fishery is scheduled to be landed by September 15, 2017; and effectiveness for this temporary rule. reopen on January 1, 2018. This rule (2) If a longline vessel fishes outside NMFS must close the fishery as soon as does not apply to the longline fisheries the Convention Area and the vessel then possible to ensure that fishery does not of American Samoa, Guam, or the enters the Convention Area during the exceed the catch limit. According to Commonwealth of the Northern Mariana same fishing trip, the fishing gear must NMFS stock-status-determination Islands, collectively ‘‘the territories,’’ as be stowed and not readily available for criteria, bigeye tuna in the Pacific Ocean described below. fishing in the Convention Area. are currently experiencing overfishing. During the closure, a U.S. fishing Specifically, hooks, branch lines, and NMFS implemented the catch limit to vessel may not retain on board, floats must be stowed and the mainline reduce the effects of fishing on bigeye transship, or land bigeye tuna caught by hauler must be covered. tuna and restore the stock to levels longline gear in the Convention Area, The above two additional prohibitions capable of producing maximum except that any bigeye tuna already on do not apply to the following vessels: sustainable yield on a continuing basis. board a fishing vessel upon the effective (1) Vessels on declared shallow- Failure to close the fishery immediately date of the restrictions may be retained setting trips pursuant to 50 CFR would result in additional fishing on board, transshipped, and landed, 665.803(a); and (2) Vessels operating in the longline pressure on this stock, in violation of provided that they are landed within 14 Federal law and regulations that days of the start of the closure, that is, fisheries of the territories. This includes vessels included in a valid specified implement WCPFC decisions. by September 15, 2017. This 14-day This action is required by 50 CFR landing requirement does not apply to fishing agreement under 50 CFR 665.819(c), in accordance with 50 CFR 300.224 and is exempt from review a vessel that has declared to NMFS, under Executive Order 12866. pursuant to 50 CFR 665.803(a), that the 300.224(f)(1)(iv). This group also includes vessels with valid American Authority: 16 U.S.C. 6901 et seq. current trip type is shallow-setting. During the effective period of the Samoa longline permits and vessels Dated: August 9, 2017. restrictions, longline-caught bigeye tuna landing bigeye tuna in one of the Emily H. Menashes, may be retained on board, transshipped, territories, as long as the bigeye tuna Acting Director, Office of Sustainable and landed if the fish are caught by a were not caught in the EEZ around Fisheries, National Marine Fisheries Service. vessel with a valid American Samoa Hawaii, the fishing was compliant with [FR Doc. 2017–17164 Filed 8–10–17; 11:15 am] longline permit, or if the fish are landed all applicable laws, and the vessel has BILLING CODE 3510–22–P in the territories. In either case, the a valid permit issued under 50 CFR following conditions must be met: 660.707 or 665.801. (1) The fish is not caught in the U.S. Classification DEPARTMENT OF COMMERCE Exclusive Economic Zone (EEZ) around Hawaii; There is good cause under 5 U.S.C. National Oceanic and Atmospheric (2) Other applicable laws and 553(b)(B) to waive prior notice and the Administration regulations are followed; and opportunity for public comment on this (3) The vessel has a valid permit action, because it would be unnecessary 50 CFR Part 635 issued under 50 CFR 660.707 or and contrary to the public interest. This 665.801. rule closes the U.S. longline fishery for [Docket No. 150121066–5717–02] Bigeye tuna caught by longline gear bigeye tuna in the western and central Pacific as a result of reaching the RIN 0648–XF534 during the closure may also be retained on board, transshipped, and/or landed if applicable bigeye tuna catch limit. The Atlantic Highly Migratory Species; they are caught by a vessel that is limit is codified in Federal regulations Atlantic Bluefin Tuna Fisheries included in a valid specified fishing and is based on agreed limits agreement under 50 CFR 665.819(c), in established by the Western and Central AGENCY: National Marine Fisheries accordance with 50 CFR Pacific Fisheries Commission. 50 CFR Service (NMFS), National Oceanic and 300.224(f)(1)(iv). 300.224(e) notifies the public that Atmospheric Administration (NOAA), During the closure, a U.S. vessel is fishing prohibitions will be placed in Commerce. also prohibited from transshipping effect when the limit is reached. NMFS ACTION: Temporary rule; closure of bigeye tuna caught in the Convention forecasts that the fishery will reach the Angling category northern area trophy Area by longline gear to any vessel other 2017 limit by September 1, 2017. fishery. sradovich on DSK3GMQ082PROD with RULES than a U.S. fishing vessel with a valid Longline fishermen have been subject to permit issued under 50 CFR 660.707 or longline bigeye tuna limits in the SUMMARY: NMFS closes the northern 665.801. western and central Pacific since 2009. area Angling category fishery for large The catch limit and this closure do They have received ongoing, updated medium and giant (‘‘trophy’’ (i.e., not apply to bigeye tuna caught by information about the 2017 catch and measuring 73 inches curved fork length longline gear outside the Convention progress of the fishery in reaching the or greater)) Atlantic bluefin tuna (BFT). Area, such as in the eastern Pacific Convention Area limit via the NMFS This action is being taken to prevent VerDate Sep<11>2014 15:51 Aug 11, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\14AUR1.SGM 14AUR1


Document Created: 2018-10-24 11:50:50
Document Modified: 2018-10-24 11:50:50
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 September 1, 2017, 2017, through December 31, 2017.
ContactJarad Makaiau, NMFS Pacific Islands Region, 808-725-5176.
FR Citation82 FR 37824 
RIN Number0648-XF57
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