82 FR 40720 - International Fisheries; Pacific Tuna Fisheries; 2017 Commercial Pacific Bluefin Tuna Fishery Closure in the Eastern Pacific Ocean

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 165 (August 28, 2017)

NMFS is temporarily closing the U.S. commercial fishery for Pacific bluefin tuna in the eastern Pacific Ocean (EPO) through December 31, 2017, because the 2017 catch limit of 425 metric tons has been exceeded. This action is necessary to prevent the fishery from further exceeding the applicable catch limit established by the Inter- American Tropical Tuna Commission (IATTC) in Resolution C-16-08 (Measures for the Conservation and Management of Pacific Bluefin Tuna in the Eastern Pacific Ocean).

[Federal Register Volume 82, Number 165 (Monday, August 28, 2017)]
[Rules and Regulations]
[Pages 40720-40721]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18157]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 160422356-7283-02]
RIN 0648-XF630


International Fisheries; Pacific Tuna Fisheries; 2017 Commercial 
Pacific Bluefin Tuna Fishery Closure in the Eastern Pacific Ocean

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is temporarily closing the U.S. commercial fishery for 
Pacific bluefin tuna in the eastern Pacific Ocean (EPO) through 
December 31, 2017, because the 2017 catch limit of 425 metric tons has 
been exceeded. This action is necessary to prevent the fishery from 
further exceeding the applicable catch limit established by the Inter-
American Tropical Tuna Commission (IATTC) in Resolution C-16-08 
(Measures for the Conservation and Management of Pacific Bluefin Tuna 
in the Eastern Pacific Ocean).

[[Page 40721]]


DATES: The rule is effective 12 a.m. local time August 28, 2017, 
through 11:59 p.m. local time December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS West Coast Region, 
562-432-1850.

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.
    Fishing for Pacific bluefin tuna 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 2016, the IATTC adopted Resolution C-16-08, which establishes a 
600 metric ton (mt) catch limit of Pacific bluefin tuna applicable to 
U.S. commercial fishing vessels in 2017 and 2018, combined. 
Additionally, catch is not to exceed 425 mt in a single year; 
therefore, the annual limit in 2017 is 425 mt. With the approval of the 
DOS, NMFS implemented this catch limit by notice-and-comment rulemaking 
under the Act (82 FR 18704, April 21, 2017, and codified at 50 CFR 
300.25).
    NMFS, through monitoring landings data and other available 
information, has determined that the 2017 catch limit has been 
exceeded. In accordance with 50 CFR 300.25(g), this Federal Register 
notice announces that the U.S. fishery for Pacific bluefin tuna in the 
IATTC Convention Area will be closed starting on August 28, 2017, 
through the end of the 2017 calendar year. The 2018 catch limit will be 
calculated by subtracting the amount caught in 2017 from 600 mt.
    During the closure, a U.S. fishing vessel may not be used to 
target, retain on board, transship, or land Pacific bluefin tuna 
captured in the IATTC Convention Area, except as follows: Any Pacific 
bluefin tuna already on board a fishing vessel on August 28, 2017, may 
be retained on board, transshipped, and/or landed, to the extent 
authorized by applicable laws and regulations, provided all Pacific 
bluefin tuna are landed within 14 days after the effective date of this 
rule, that is, no later than September 11, 2017.

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 Pacific bluefin 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 2017 Pacific bluefin tuna catch limit is not further exceeded, 
and that biennial limit of 600mt is also not exceeded. 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(a) and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 951 et seq.

    Dated: August 23, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-18157 Filed 8-23-17; 4:15 pm]
 BILLING CODE 3510-22-P