[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Rules and Regulations]
[Pages 68725-68726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28284]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 090130102-91386-02]
RIN 0648-XZ39


Western and Central Pacific Fisheries for Highly Migratory 
Species; 2010 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 2010 catch limit.

DATES: Effective November 22, 2010, through December 31, 2010.

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

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 limit (74 FR 63999, December 7, 2009, and 
codified at 50 CFR 300.224) for calendar year 2010 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). NMFS 
monitored the retained catches of bigeye tuna using logbook data 
submitted by vessel captains and other available information, and 
determined that the 2010 catch limit is expected to be reached on 
November 22, 2010. 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 starting on November 22, 2010, 
through the end of the 2010 calendar year. The 2011 fishing year is 
scheduled to open on January 1, 2011; the 2011 bigeye tuna catch limit 
will be 3,763 mt. This rule does not apply to the longline fisheries

[[Page 68726]]

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, that is, by December 6, 2010. 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.
    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. In either of these two cases, however, the following 
conditions must be met:
    (1) The bigeye tuna are not caught in the portion of the U.S. 
Exclusive Economic Zone (EEZ) around the Hawaiian Archipelago;
    (2) Such retention, transshipment, and/or landing is in compliance 
with applicable laws and regulations; and
    (3) The bigeye tuna are landed by a U.S. fishing vessel operated in 
compliance with a valid permit issued under 50 CFR 660.707 or 665.801.
    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 665.801.
    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:
    (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 November 22, 2010. In that case, the catch of bigeye tuna must be 
landed by December 6, 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 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 
665.803(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 the Hawaiian 
Archipelago, 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 665.801.

Classification

    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, 
since NMFS would be unable to ensure that the 2010 bigeye tuna catch 
limit is not exceeded. The annual catch limit is an important mechanism 
to ensure that the U.S.A. complies with its international obligations 
in preventing overfishing and managing the fishery at optimum yield. 
Moreover, NMFS previously solicited public comments on the rule that 
established the catch limit (74 FR 63999, December 7, 2009). For the 
same reasons, there is good cause to establish an effective date less 
than 30 days after date of publication of this notice.
    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: November 4, 2010.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-28284 Filed 11-8-10; 8:45 am]
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