[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Rules and Regulations]
[Pages 68190-68191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30539]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 090130102-91386-02]
RIN 0648-XT01


Western and Central Pacific Fisheries for Highly Migratory 
Species; 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 as a result of the 
fishery reaching the 2009 catch limit.

DATES: Effective December 29, 2009, through December 31, 2009.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands 
Region, 808-944-2219.

SUPPLEMENTARY INFORMATION: This rule is also accessible at 
www.gpoaccess.gov/fr.
    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 limit for calendar year 2009 of 3,763 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), codified at 50 CFR 300.224 (74 FR 63999, December 7, 
2009). NMFS monitored the retained catches of bigeye tuna using logbook 
data submitted by vessel captains and other available information, and 
determined that the 2009 catch limit is expected to be reached by 
December 29, 2009. In accordance with Sec.  300.224(d), this rule 
serves as advance 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 from December 29, 2009, through the 
end of the calendar year. The 2010 fishing year is scheduled to open on 
January 1, 2010; the 2010 bigeye tuna catch limit will be 3,763 mt. 
This rule does not apply to the longline fisheries of American Samoa, 
Guam, or the Commonwealth of the Northern Mariana Islands (CNMI), as 
described below.
    During the closure, a U.S. fishing vessel may not retain on board, 
transship, or land bigeye tuna captured 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 (i.e., January 12, 2010). This 14-
day landing requirement does not apply to a vessel that has declared to 
NMFS, pursuant to 50 CFR 665.23(a), that the current trip type is 
shallow-setting.
    Furthermore, bigeye tuna caught by longline gear may be retained on 
board, transshipped, and landed if the fish are caught by a vessel 
registered for use under a valid NMFS-issued American Samoa Longline 
Limited Access Permit or if they are landed in American Samoa, Guam, or 
the CNMI, under the following conditions:
    (1) The bigeye tuna must not have been caught in the portion of the 
U.S. exclusive economic zone (EEZ) surrounding the Hawaiian 
Archipelago;
    (2) Such retention, transshipment, and/or landing is in compliance 
with applicable laws and regulations; and
    (3) The bigeye tuna must be landed by a U.S. fishing vessel 
operated in compliance with a valid permit issued under 50 CFR 660.707 
or 665.21.
    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 operated with a 
valid permit issued under 50 CFR 660.707 or 665.21.
    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:
    (1) A U.S. fishing vessel may not be used to fish with longline 
gear both inside and outside the Convention Area during the same 
fishing trip, with the exception of a fishing trip that is in progress 
on December 29, 2009. In that case, the catch of bigeye tuna must be 
landed by January 12, 2010; and
    (2) If a U.S. vessel is used to fish using longline gear outside 
the Convention Area and the vessel enters the Convention Area at any 
time during the same fishing trip, the longline gear on the fishing 
vessel must be stowed in a

[[Page 68191]]

manner so as not to be readily available for fishing while the vessel 
is in the Convention Area. 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.
    The above two additional prohibitions do not apply to the following 
vessels:
    (1) Vessels on declared shallow-setting trips pursuant to 50 CFR 
665.23(a); and
    (2) Vessels registered for use under valid American Samoa Longline 
Limited Access Permits and vessels landing their bigeye tuna catch in 
American Samoa, Guam, or the CNMI, so long as these vessels conduct 
fishing activities in accordance with the conditions described above; 
that is, the bigeye tuna were not caught in the EEZ around Hawaii, the 
retention, transshipment, and/or landing is in compliance with 
applicable laws and regulations, and the bigeye tuna are landed by a 
vessel that has a valid permit issued under 50 CFR 660.707 or 665.21.
    This action is required by Sec.  300.224(d) and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 6901 et seq.

    Dated: December 18, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-30539 Filed 12-18-09; 4:15 pm]
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