82_FR_56976 82 FR 56747 - Pacific Island Pelagic Fisheries; 2017 Commonwealth of the Northern Mariana Islands Bigeye Tuna Fishery; Closure

82 FR 56747 - Pacific Island Pelagic Fisheries; 2017 Commonwealth of the Northern Mariana Islands Bigeye Tuna Fishery; Closure

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 229 (November 30, 2017)

Page Range56747-56748
FR Document2017-25801

NMFS is closing the U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean because the fishery will reach the 2017 allocation limit for the Commonwealth of the Northern Mariana Islands (CNMI). This action is necessary to comply with regulations managing this fish stock.

Federal Register, Volume 82 Issue 229 (Thursday, November 30, 2017) 
[Federal Register Volume 82, Number 229 (Thursday, November 30, 2017)]
[Rules and Regulations]
[Pages 56747-56748]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25801]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 170109046-7933-02]
RIN 0648-XF156


Pacific Island Pelagic Fisheries; 2017 Commonwealth of the 
Northern Mariana Islands Bigeye Tuna Fishery; Closure

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

ACTION: Temporary rule; 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 will 
reach the 2017 allocation limit for the Commonwealth of the Northern 
Mariana Islands (CNMI). This action is necessary to comply with 
regulations managing this fish stock.

DATES: Effective 12:01 a.m. local time December 6, 2017, through 
December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIRO Sustainable 
Fisheries, 808-725-5176.

SUPPLEMENTARY INFORMATION: On September 1, 2017, NMFS restricted the 
retention, transshipment and landing of bigeye tuna captured by 
longline gear in the western and central Pacific Ocean (WCPO) because 
the U.S. longline fishery reached 2017 U.S. bigeye tuna limit of 3,554 
mt (82 FR 47642, October 13, 2017). Regulations at 50 CFR 300.224(d) 
provide an exception to this closure for bigeye tuna caught by U.S. 
longline vessels identified in a valid specified fishing agreement 
under 50 CFR 665.819(c). Further, 50 CFR 665.819(c)(9) authorized NMFS 
to attribute catches of bigeye tuna made by U.S. longline vessels 
identified in a valid specified fishing agreement to the U.S. territory 
to which the agreement applies.
    Effective on October 10, 2017, NMFS specified a 2017 catch limit of 
2,000 mt of longline-caught bigeye tuna for the U.S. territories of 
American Samoa, Guam and the Commonwealth of the Northern Mariana 
Islands or CNMI (82 FR 49143, October 24, 2017). NMFS also authorized 
each territory to allocate up to 1,000 mt of its 2,000 mt bigeye tuna 
limit to U.S. longline fishing vessels permitted to fish under the 
Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific 
(FEP).
    On October 6, 2017, the Western Pacific Fishery Management Council, 
through its Executive Director, transmitted to NMFS a specified fishing 
agreement between the CNMI and Quota Management, Inc. (QMI) dated April 
14, 2016. NMFS reviewed the agreement and determined that it was 
consistent with the requirements at 50 CFR 665.819, the FEP, the 
Magnuson-Stevens Fishery Conservation and Management Act, and other 
applicable laws (82 FR 49143, October 24, 2017). The criteria that a 
specified fishing agreement must meet, and the process for attributing 
longline-caught bigeye tuna, followed the procedures in 50 CFR 
665.819--Territorial catch and fishing effort limits.
    In accordance with 50 CFR 300.224(d) and 50 CFR 665.819(c)(9), NMFS 
began attributing bigeye tuna caught in the WCPO by vessels identified 
in the CNMI/QMI agreement to the CNMI, beginning on October 10, 2017. 
NMFS monitored catches of longline-caught bigeye tuna by the CNMI 
longline fisheries, including catches made by U.S. longline vessels 
operating under the CNMI/QMI agreement. Based on this monitoring, NMFS 
forecasted that the CNMI territorial allocation limit of 1,000 mt will 
be reached by December 6, 2017, and is, as an accountability measure, 
prohibiting the catch and retention of longline-caught bigeye tuna by 
vessels in the CNMI/QMI agreement.

Notice of Closure and Temporary Rule

    Effective 12:01 a.m. local time December 6, 2017, through December 
31, 2017, NMFS closes the U.S. pelagic longline fishery for bigeye tuna 
in the western and central Pacific Ocean as a result of the fishery 
reaching the 2017

[[Page 56748]]

allocation limit of 1,000 mt for the CNMI.
    During the closure, a U.S. fishing vessel operating under the CNMI/
QMI agreement may not retain on board, transship, or land bigeye tuna 
captured by longline gear in the WCPO, 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 December 20, 2017.
    Additionally, U.S. fishing vessels operating under the CNMI/QMI 
agreement are also prohibited from transshipping bigeye tuna caught in 
the WCPO 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.
    During the closure, all other restrictions and requirements NMFS 
established on September 1, 2017, as a result of the U.S. longline 
fishery reaching the 2017 U.S. bigeye tuna limit of 3,108 mt (82 FR 
37824, August 14, 2017) shall remain valid and effective.
    However, any vessel included in the CNMI/QMI agreement that is also 
included in a valid specified fishing agreement in effect on December 
6, 2017, may continue to transship, retain, and land bigeye tuna caught 
by longline gear in the WCPO. Additionally, if any such vessel is 
engaged in a longline fishing trip in the WCPO on December 6, 2017, 
that vessel would not need to return to port before December 20, 2017. 
NMFS would announce any subsequent valid specified fishing agreement in 
the Federal Register.

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 impracticable and contrary to public interest, as discussed below. 
This rule closes the U.S. longline fishery for bigeye tuna in the WCPO 
as a result of reaching the bigeye tuna allocation limit established by 
the 2017 specification for catch and allocation limits of bigeye tuna 
for the CNMI, and the specified fishing agreement between the 
Government of the CNMI and QMI dated April 14, 2016.
    NMFS forecasted that the fishery would reach the 2017 CNMI 
allocation limit by December 6, 2017. 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 U.S. bigeye tuna 
limit via the NMFS Web site, social media, and other means. The 
publication timing of this rule, moreover, 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. This 
action is intended to comply with regulations managing this stock, and, 
accordingly NMFS finds it impracticable and contrary to the public 
interest to have prior notice and public comment.
    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 to ensure that fishery does 
not exceed the allocation limit. NMFS implemented the catch and 
allocation limits for the CNMI consistent with management objectives to 
sustainable manage the bigeye tuna stock and restore the stock to 
levels capable of producing maximum sustainable yield on a continuing 
basis. Failure to close the fishery before the limit is reached would 
be inconsistent with bigeye tuna management objections and in violation 
of Federal law.
    This action is required by 50 CFR 665.819(d), and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: November 27, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-25801 Filed 11-27-17; 4:15 pm]
BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Rules and Regulations 56747 requirements specifically set forth in 14 FDMS), which can be reviewed at 300.224(d) provide an exception to this law). www.dot.gov/privacy. closure for bigeye tuna caught by U.S. Section 202 of the Act (2 U.S.C. 1532) longline vessels identified in a valid further requires that before List of Subjects in 49 CFR Part 270 specified fishing agreement under 50 promulgating any general notice of Penalties, Railroad safety, Reporting CFR 665.819(c). Further, 50 CFR proposed rulemaking that is likely to and recordkeeping requirements, 665.819(c)(9) authorized NMFS to result in the promulgation of any rule System safety. attribute catches of bigeye tuna made by that includes any Federal mandate that U.S. longline vessels identified in a The Rule may result in expenditure by State, valid specified fishing agreement to the local, and tribal governments, in the ■ In consideration of the foregoing, FRA U.S. territory to which the agreement aggregate, or by the private sector, of extends the stay of the SSP final rule applies. $100,000,000 or more (adjusted published August 12, 2016 (81 FR Effective on October 10, 2017, NMFS annually for inflation) in any 1 year, and 53850) until December 4, 2018. specified a 2017 catch limit of 2,000 mt before promulgating any final rule for Authority: 49 U.S.C. 20103, 20106–20107, of longline-caught bigeye tuna for the which a general notice of proposed 20118–20119, 20156, 21301, 21304, 21311; U.S. territories of American Samoa, rulemaking was published, the agency 28 U.S.C. 2461, note; and 49 CFR 1.89. Guam and the Commonwealth of the shall prepare a written statement. Northern Mariana Islands or CNMI (82 This written statement must detail the Issued in Washington, DC, on November FR 49143, October 24, 2017). NMFS also 27, 2017. effect on State, local, and tribal authorized each territory to allocate up governments and the private sector. For Juan D. Reyes III, to 1,000 mt of its 2,000 mt bigeye tuna the year 2017, this monetary amount of Chief Counsel. limit to U.S. longline fishing vessels $100,000,000 has been adjusted to [FR Doc. 2017–25821 Filed 11–29–17; 8:45 am] permitted to fish under the Fishery $156,000,000 to account for inflation. BILLING CODE 4910–06–P Ecosystem Plan for Pelagic Fisheries of This final rule would not result in such the Western Pacific (FEP). an expenditure, and thus preparation of On October 6, 2017, the Western such a statement is not required. DEPARTMENT OF COMMERCE Pacific Fishery Management Council, through its Executive Director, Energy Impact National Oceanic and Atmospheric transmitted to NMFS a specified fishing Executive Order 13211 requires Administration agreement between the CNMI and Quota Federal agencies to prepare a Statement Management, Inc. (QMI) dated April 14, of Energy Effects for any ‘‘significant 50 CFR Part 665 2016. NMFS reviewed the agreement energy action.’’ 66 FR 28355, May 22, and determined that it was consistent [Docket No. 170109046–7933–02] 2001. Under the Executive Order, a with the requirements at 50 CFR ‘‘significant energy action’’ is defined as RIN 0648–XF156 665.819, the FEP, the Magnuson-Stevens any action by an agency (normally Fishery Conservation and Management published in the Federal Register) that Pacific Island Pelagic Fisheries; 2017 Act, and other applicable laws (82 FR promulgates, or is expected to lead to Commonwealth of the Northern 49143, October 24, 2017). The criteria the promulgation of, a final rule or Mariana Islands Bigeye Tuna Fishery; that a specified fishing agreement must regulation (including a notice of Closure meet, and the process for attributing inquiry, advance notice of proposed AGENCY: National Marine Fisheries longline-caught bigeye tuna, followed rulemaking, and notice of proposed Service (NMFS), National Oceanic and the procedures in 50 CFR 665.819— rulemaking) that (1)(i) is a significant Atmospheric Administration (NOAA), Territorial catch and fishing effort regulatory action under Executive Order Commerce. limits. 12866 or any successor order and (ii) is In accordance with 50 CFR 300.224(d) ACTION: Temporary rule; closure. likely to have a significant adverse effect and 50 CFR 665.819(c)(9), NMFS began on the supply, distribution, or use of SUMMARY: NMFS is closing the U.S. attributing bigeye tuna caught in the energy; or (2) is designated by the pelagic longline fishery for bigeye tuna WCPO by vessels identified in the Administrator of the Office of in the western and central Pacific Ocean CNMI/QMI agreement to the CNMI, Information and Regulatory Affairs as a because the fishery will reach the 2017 beginning on October 10, 2017. NMFS significant energy action. FRA has allocation limit for the Commonwealth monitored catches of longline-caught evaluated this rule in accordance with of the Northern Mariana Islands (CNMI). bigeye tuna by the CNMI longline Executive Order 13211. FRA has This action is necessary to comply with fisheries, including catches made by determined that this rule will not have regulations managing this fish stock. U.S. longline vessels operating under a significant adverse effect on the DATES: Effective 12:01 a.m. local time the CNMI/QMI agreement. Based on this supply, distribution, or use of energy. December 6, 2017, through December monitoring, NMFS forecasted that the Consequently, FRA has determined that 31, 2017. CNMI territorial allocation limit of 1,000 this regulatory action is not a mt will be reached by December 6, 2017, FOR FURTHER INFORMATION CONTACT: ‘‘significant energy action’’ within the and is, as an accountability measure, meaning of Executive Order 13211. Jarad Makaiau, NMFS PIRO Sustainable prohibiting the catch and retention of Fisheries, 808–725–5176. longline-caught bigeye tuna by vessels Privacy Act SUPPLEMENTARY INFORMATION: On in the CNMI/QMI agreement. In accordance with 5 U.S.C. 553(c), September 1, 2017, NMFS restricted the sradovich on DSK3GMQ082PROD with RULES DOT solicits comments from the public retention, transshipment and landing of Notice of Closure and Temporary Rule to better inform its rulemaking process. bigeye tuna captured by longline gear in Effective 12:01 a.m. local time DOT posts these comments, without the western and central Pacific Ocean December 6, 2017, through December edit, including any personal information (WCPO) because the U.S. longline 31, 2017, NMFS closes the U.S. pelagic the commenter provides, to fishery reached 2017 U.S. bigeye tuna longline fishery for bigeye tuna in the www.regulations.gov, as described in limit of 3,554 mt (82 FR 47642, October western and central Pacific Ocean as a the system of records notice (DOT/ALL– 13, 2017). Regulations at 50 CFR result of the fishery reaching the 2017 VerDate Sep<11>2014 17:33 Nov 29, 2017 Jkt 244001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\30NOR1.SGM 30NOR1

56748 Federal Register / Vol. 82, No. 229 / Thursday, November 30, 2017 / Rules and Regulations allocation limit of 1,000 mt for the fishing trip in the WCPO on December allows two weeks to return to port and CNMI. 6, 2017, that vessel would not need to land their catch of bigeye tuna. This During the closure, a U.S. fishing return to port before December 20, 2017. action is intended to comply with vessel operating under the CNMI/QMI NMFS would announce any subsequent regulations managing this stock, and, agreement may not retain on board, valid specified fishing agreement in the accordingly NMFS finds it transship, or land bigeye tuna captured Federal Register. impracticable and contrary to the public by longline gear in the WCPO, except interest to have prior notice and public Classification that any bigeye tuna already on board a comment. fishing vessel upon the effective date of There is good cause under 5 U.S.C. For the reasons stated above, there is the restrictions may be retained on 553(b)(B) to waive prior notice and the also good cause under 5 U.S.C. 553(d)(3) board, transshipped, and landed, opportunity for public comment on this to waive the 30-day delay in provided that they are landed within 14 action, because it would be effectiveness for this temporary rule. days of the start of the closure; that is, impracticable and contrary to public NMFS must close the fishery to ensure by December 20, 2017. interest, as discussed below. This rule that fishery does not exceed the Additionally, U.S. fishing vessels closes the U.S. longline fishery for allocation limit. NMFS implemented the operating under the CNMI/QMI bigeye tuna in the WCPO as a result of catch and allocation limits for the CNMI agreement are also prohibited from reaching the bigeye tuna allocation limit consistent with management objectives transshipping bigeye tuna caught in the established by the 2017 specification for to sustainable manage the bigeye tuna WCPO by longline gear to any vessel catch and allocation limits of bigeye stock and restore the stock to levels other than a U.S. fishing vessel with a tuna for the CNMI, and the specified capable of producing maximum valid permit issued under 50 CFR fishing agreement between the sustainable yield on a continuing basis. 660.707 or 665.801. Government of the CNMI and QMI Failure to close the fishery before the During the closure, all other dated April 14, 2016. limit is reached would be inconsistent restrictions and requirements NMFS NMFS forecasted that the fishery with bigeye tuna management established on September 1, 2017, as a would reach the 2017 CNMI allocation objections and in violation of Federal result of the U.S. longline fishery limit by December 6, 2017. Fishermen law. reaching the 2017 U.S. bigeye tuna limit have been subject to longline bigeye This action is required by 50 CFR of 3,108 mt (82 FR 37824, August 14, tuna limits in the western and central 665.819(d), and is exempt from review 2017) shall remain valid and effective. Pacific since 2009. They have received under Executive Order 12866. However, any vessel included in the ongoing, updated information about the Authority: 16 U.S.C. 1801 et seq. CNMI/QMI agreement that is also 2017 catch and progress of the fishery included in a valid specified fishing in reaching the U.S. bigeye tuna limit Dated: November 27, 2017. agreement in effect on December 6, via the NMFS Web site, social media, Emily H. Menashes, 2017, may continue to transship, retain, and other means. The publication Acting Director, Office of Sustainable and land bigeye tuna caught by longline timing of this rule, moreover, provides Fisheries, National Marine Fisheries Service. gear in the WCPO. Additionally, if any longline fishermen with seven days’ [FR Doc. 2017–25801 Filed 11–27–17; 4:15 pm] such vessel is engaged in a longline advance notice of the closure date, and BILLING CODE 3510–22–P sradovich on DSK3GMQ082PROD with RULES VerDate Sep<11>2014 17:33 Nov 29, 2017 Jkt 244001 PO 00000 Frm 00046 Fmt 4700 Sfmt 9990 E:\FR\FM\30NOR1.SGM 30NOR1


Document Created: 2017-11-30 00:35:05
Document Modified: 2017-11-30 00:35:05
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.
DatesEffective 12:01 a.m. local time December 6, 2017, through December 31, 2017.
ContactJarad Makaiau, NMFS PIRO Sustainable Fisheries, 808-725-5176.
FR Citation82 FR 56747 
RIN Number0648-XF15
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