82_FR_41731 82 FR 41562 - International Fisheries; Pacific Tuna Fisheries; 2017 Bigeye Tuna Longline Fishery Closure in the Eastern Pacific Ocean

82 FR 41562 - International Fisheries; Pacific Tuna Fisheries; 2017 Bigeye Tuna Longline Fishery Closure in the Eastern Pacific Ocean

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range41562-41563
FR Document2017-18577

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, 2017, because the 2017 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-17-01 (Conservation of Tuna in the Eastern Pacific Ocean during 2017).

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017) 
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41562-41563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18577]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170223197-7311-01]
RIN 0648-XF605


International Fisheries; Pacific Tuna Fisheries; 2017 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.

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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, 2017, because the 2017 
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-17-01 (Conservation of Tuna in the Eastern 
Pacific Ocean during 2017).

DATES: The rule is effective 12:00 a.m. local time September 8, 2017, 
through 11:59 p.m. local time December 31, 2017.

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 2017, the IATTC adopted Resolution C-17-01, which establishes an 
annual catch limit of bigeye tuna for longline vessels over 24 meters. 
For calendar year 2017, 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 (82 FR 17382, April 11, 
2017, 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 2017 catch limit is expected to be reached by 
September 8, 2017. In accordance with 50 CFR 300.25(a), 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 September 8, 2017, through the end 
of the 2017

[[Page 41563]]

calendar year. The 2018 fishing year is scheduled to open on January 1, 
2018; the bigeye tuna catch limit for longline vessels over 24 meters 
in overall length has yet to be established through domestic 
rulemaking, though, the IATTC agreed to a U.S. limit of 750 mt in a new 
resolution (C-17-02) at the 92nd Meeting in July 2017.
    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 
September 8, 2017, 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 September 22, 2017.
     The 14-day limit is waived in the case of a U.S. fishing 
vessel that has already declared to NMFS, pursuant to 50 CFR 
665.803(a), that the current trip type is shallow-setting. However, the 
number of bigeye tuna retained on board, transshipped, or landed must 
not exceed the number on board the vessel on September 22, 2017, as 
recorded by the NMFS observer on board the vessel.
    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.
     A fishing vessel of the United States over 24 meters in 
overall length may not be used to fish in the Pacific Ocean using 
longline gear both inside and outside the Convention Area during the 
same fishing trip. The only exceptions are: a fishing trip during which 
the closure date was announced, and a trip for which a declaration has 
been made to NMFS, pursuant to 50 CFR 665.803(a), that the current trip 
is shallow-setting.
     If a fishing vessel of the United States over 24 meters in 
overall length is used to fish in the Pacific Ocean using longline gear 
outside the Convention Area and the vessel enters the Convention Area 
at any time after September 8, 2017, on 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 or dropper lines, and floats used to buoy the mainline 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. This provision does not apply to trips in 
which vessels have made a declaration to NMFS, pursuant to 50 CFR 
665.803(a), that the trip type is shallow-setting.

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 
2017 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 and managing the 
fishery at optimum yield. 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 29, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-18577 Filed 8-29-17; 4:15 pm]
BILLING CODE 3510-22-P

41562 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations Authority: 47 U.S.C. 154, 303, and 307(e), (b) The following frequencies are DATES: The rule is effective 12:00 a.m. unless otherwise noted. available for wireless microphone local time September 8, 2017, through ■ 18. Section 87.303 is amended by operations to eligibles in this part, 11:59 p.m. local time December 31, revising paragraph (d)(1) and adding subject to the provisions of this 2017. paragraph (d)(4) to read as follows: paragraph: FOR FURTHER INFORMATION CONTACT: Frequencies (MHz) Taylor Debevec, NMFS West Coast § 87.303 Frequencies. 169.445 Region, 562–980–4066. * * * * * 169.505 SUPPLEMENTARY INFORMATION: The (d) * * * 169.545 United States is a member of the IATTC, (1) Frequencies in the 1435–1525 169.575 which was established under the MHz and 2360–2395 MHz bands are 169.605 Convention for the Establishment of an assigned in the mobile service primarily 169.995 Inter-American Tropical Tuna for aeronautical telemetry and 170.025 Commission signed in 1949 associated telecommand operations for 170.055 (Convention). The Convention provides flight testing of aircraft and missiles, or 170.245 an international agreement to ensure the their major components. Until January 170.305 171.045 effective international conservation and 1, 2020, the 2345–2360 MHz band is management of highly migratory species also available to licensees holding a 171.075 171.105 of fish in the IATTC Convention Area. valid authorization on April 23, 2015 for The IATTC Convention Area, as these purposes on a secondary basis. 171.845 171.875 amended by the Antigua Convention, Permissible uses of these bands include includes the waters of the EPO bounded telemetry and associated telecommand 171.905 by the coast of the Americas, the 50° N. operations associated with the (1) On center frequencies 169.575 and 50° S. parallels, and the 150° W. launching and reentry into the Earth’s MHz, 170.025 MHz, 171.075 MHz, and meridian. atmosphere, as well as any incidental 171.875 MHz, the emission bandwidth Pelagic longline fishing in the EPO is orbiting prior to reentry, of objects shall not exceed 200 kHz. On the other managed, in part, under the Tuna undergoing flight tests. In the 1435– center frequencies listed in this Conventions Act as amended (Act), 16 1525 MHz band, the following paragraph (b), the emission bandwidth U.S.C. 951–962. Under the Act, NMFS frequencies are shared on a co-equal shall not exceed 54 kHz. must publish regulations to carry out basis with flight telemetering mobile * * * * * recommendations of the IATTC that stations: 1444.5, 1453.5, 1501.5, 1515.5, [FR Doc. 2017–17442 Filed 8–31–17; 8:45 am] have been approved by the Department and 1524.5 MHz. In the 2360–2395 MHz BILLING CODE 6712–01–P of State (DOS). Regulations governing band, the following frequencies may be fishing by U.S. vessels in accordance assigned for telemetry and associated with the Act appear at 50 CFR part 300, telecommand operations of expendable DEPARTMENT OF COMMERCE subpart C. These regulations implement and re-usable launch vehicles, whether IATTC recommendations for the or not such operations involve flight National Oceanic and Atmospheric conservation and management of highly testing: 2364.5, 2370.5 and 2382.5 MHz. Administration migratory fish resources in the EPO. All other mobile telemetry uses of the In 2017, the IATTC adopted 2360–2395 MHz band shall be on a non- 50 CFR Part 300 Resolution C–17–01, which establishes interfering and unprotected basis to the [Docket No. 170223197–7311–01] an annual catch limit of bigeye tuna for above uses. longline vessels over 24 meters. For RIN 0648–XF605 calendar year 2017, the catch of bigeye * * * * * (4) Frequencies in the bands 1435– tuna by longline gear in the IATTC International Fisheries; Pacific Tuna 1525 MHz are also available for low Convention Area by fishing vessels of Fisheries; 2017 Bigeye Tuna Longline power auxiliary station use on a the United States that are over 24 meters Fishery Closure in the Eastern Pacific secondary basis. in overall length is limited to 500 metric Ocean * * * * * tons per year. With the approval of the AGENCY: National Marine Fisheries DOS, NMFS implemented this catch PART 90—PRIVATE LAND MOBILE Service (NMFS), National Oceanic and limit by notice-and-comment RADIO SERVICES Atmospheric Administration (NOAA), rulemaking under the Act (82 FR 17382, Commerce. April 11, 2017, and codified at 50 CFR ■ 19. The authority citation for part 90 ACTION: Temporary rule; closure. 300.25). continues to read as follows: NMFS, through monitoring the Authority: Sections 4(i), 11, 303(g), 303(r), SUMMARY: NMFS is temporarily closing retained catches of bigeye tuna using and 332(c)(7) of the Communications Act of the U.S. pelagic longline fishery for logbook data submitted by vessel 1934, as amended, 47 U.S.C. 154(i), 161, bigeye tuna for vessels over 24 meters in captains and other available information 303(g), 303(r), and 332(c)(7), and Title VI of overall length in the eastern Pacific from the longline fisheries in the IATTC the Middle Class Tax Relief and Job Creation Ocean (EPO) through December 31, Convention Area, has determined that Act of 2012, Pub. L. 112–96, 126 Stat. 156. 2017, because the 2017 catch limit of the 2017 catch limit is expected to be ■ 20. Section 90.265 is amended by 500 metric tons is expected to be reached by September 8, 2017. In sradovich on DSK3GMQ082PROD with RULES revising paragraph (b) introductory text reached. This action is necessary to accordance with 50 CFR 300.25(a), this and paragraph (b)(1) to read as follows: prevent the fishery from exceeding the Federal Register notice announces that applicable catch limit established by the the U.S. longline fishery for bigeye tuna § 90.265 Assignment and use of Inter-American Tropical Tuna in the IATTC Convention Area will be frequencies in the bands allocated for Commission (IATTC) in Resolution C– closed for vessels over 24 meters in Federal use. 17–01 (Conservation of Tuna in the overall length starting on September 8, * * * * * Eastern Pacific Ocean during 2017). 2017, through the end of the 2017 VerDate Sep<11>2014 16:20 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1

Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Rules and Regulations 41563 calendar year. The 2018 fishing year is available for immediate use, and any SUMMARY: NMFS implements scheduled to open on January 1, 2018; power-operated mainline hauler on accountability measures (AMs) for the bigeye tuna catch limit for longline deck must be covered in such a manner Atlantic migratory group cobia that are vessels over 24 meters in overall length that it is not readily available for use. sold (commercial) and harvested from has yet to be established through This provision does not apply to trips in the exclusive economic zone (EEZ) of domestic rulemaking, though, the which vessels have made a declaration the Atlantic. NMFS projects that IATTC agreed to a U.S. limit of 750 mt to NMFS, pursuant to 50 CFR commercial landings of Atlantic in a new resolution (C–17–02) at the 665.803(a), that the trip type is shallow- migratory group cobia have reached the 92nd Meeting in July 2017. setting. commercial quota. Therefore, NMFS During the closure, a U.S. fishing closes the commercial sector for vessel over 24 meters in overall length Classification Atlantic migratory group cobia in the may not be used to retain on board, NMFS has determined there is good EEZ on September 5, 2017, and it will transship, or land bigeye tuna captured cause to waive prior notice and remain closed until the next fishing year by longline gear in the IATTC opportunity for public comment that begins on January 1, 2018. This Convention Area, except as follows: pursuant to 5 U.S.C. 553(b)(B). This closure is necessary to protect the • Any bigeye tuna already on board a action is based on the best available resource of Atlantic migratory group fishing vessel on September 8, 2017, information and is necessary for the cobia. may be retained on board, transshipped, conservation and management of bigeye DATES: This rule is effective from 12:01 and/or landed, to the extent authorized tuna. Compliance with the notice and a.m., local time, September 5, 2017, by applicable laws and regulations, comment requirement would be until 12:01 a.m., local time, January 1, provided all bigeye tuna are landed impracticable and contrary to the public 2018. within 14 days after the effective date of interest because NMFS would be unable FOR FURTHER INFORMATION CONTACT: this rule, that is, no later than to ensure that the 2017 bigeye tuna September 22, 2017. Frank Helies, NMFS Southeast Regional catch limit applicable to longline Office, telephone: 727–824–5305, email: • The 14-day limit is waived in the vessels over 24 meters is not exceeded. case of a U.S. fishing vessel that has frank.helies@noaa.gov. The annual catch limit is an important already declared to NMFS, pursuant to SUPPLEMENTARY INFORMATION: The mechanism to ensure that the United 50 CFR 665.803(a), that the current trip fishery for coastal migratory pelagic fish States complies with its international type is shallow-setting. However, the includes king mackerel, Spanish obligations in preventing overfishing number of bigeye tuna retained on mackerel, and cobia, and is managed and managing the fishery at optimum board, transshipped, or landed must not under the Fishery Management Plan for yield. For the same reasons, NMFS has exceed the number on board the vessel Coastal Migratory Pelagic Resources in also determined there is good cause to on September 22, 2017, as recorded by the Gulf of Mexico and Atlantic Region waive the requirement for a 30-day the NMFS observer on board the vessel. (FMP). The FMP was prepared by the delay in effectiveness under 5 U.S.C. Other prohibitions during the closure Gulf of Mexico and South Atlantic 553(d)(3). include the following: This action is required by § 300.25(a) Fishery Management Councils and is • Bigeye tuna caught by a United and is exempt from review under implemented by NMFS under the States vessel over 24 meters in overall Executive Order 12866. authority of the Magnuson-Stevens length with longline gear in the IATTC Fishery Conservation and Management Convention Area may not be Authority: 16 U.S.C. 951 et seq. Act (Magnuson-Stevens Act) by transshipped to a fishing vessel unless Dated: August 29, 2017. regulations at 50 CFR part 622. that fishing vessel is operated in Alan D. Risenhoover, Separate migratory groups of cobia compliance with a valid permit issued Director, Office of Sustainable Fisheries, were established in Amendment 18 to under 50 CFR 660.707 or 665.801. National Marine Fisheries Service. the FMP (76 FR 82058, December 29, • A fishing vessel of the United States [FR Doc. 2017–18577 Filed 8–29–17; 4:15 pm] 2011), and then revised in Amendment over 24 meters in overall length may not BILLING CODE 3510–22–P 20B to the FMP (80 FR 4216, January 27, be used to fish in the Pacific Ocean 2015). The southern boundary for using longline gear both inside and Atlantic migratory group cobia occurs at outside the Convention Area during the DEPARTMENT OF COMMERCE a line that extends due east of the same fishing trip. The only exceptions Florida and Georgia state border at are: a fishing trip during which the National Oceanic and Atmospheric 30°42′45.6″ N. lat. The northern closure date was announced, and a trip Administration boundary for Atlantic migratory group for which a declaration has been made cobia is the jurisdictional boundary to NMFS, pursuant to 50 CFR 50 CFR Part 622 between the Mid-Atlantic and New 665.803(a), that the current trip is England Fishery Management Councils, [Docket No. 101206604–1758–02] shallow-setting. as specified in 50 CFR 600.105(a). • If a fishing vessel of the United RIN 0648–XF652 Atlantic migratory group cobia are States over 24 meters in overall length unique among federally managed is used to fish in the Pacific Ocean using Fisheries of the Caribbean, Gulf of species in the southeast region, because longline gear outside the Convention Mexico, and South Atlantic; 2017 no commercial permit is required to Area and the vessel enters the Commercial Accountability Measures harvest and sell them. The distinction Convention Area at any time after and Closure for Atlantic Migratory between commercial and recreational sradovich on DSK3GMQ082PROD with RULES September 8, 2017, on the same fishing Group Cobia sectors is not as clear as other federally trip, the longline gear on the fishing AGENCY: National Marine Fisheries managed species in the southeast vessel must be stowed in a manner so Service (NMFS), National Oceanic and region. For example, regulations at 50 as not to be readily available for fishing. Atmospheric Administration (NOAA), CFR part 622 specify quotas, annual Specifically, the hooks, branch or Commerce. catch limits, and AMs for cobia that are dropper lines, and floats used to buoy sold and cobia that are not sold. ACTION: Temporary rule; closure. the mainline must be stowed and not However, for purposes of this temporary VerDate Sep<11>2014 16:20 Aug 31, 2017 Jkt 241001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1


Document Created: 2017-09-01 01:50:29
Document Modified: 2017-09-01 01:50:29
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.
DatesThe rule is effective 12:00 a.m. local time September 8, 2017, through 11:59 p.m. local time December 31, 2017.
ContactTaylor Debevec, NMFS West Coast Region, 562-980-4066.
FR Citation82 FR 41562 
RIN Number0648-XF60
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