[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74747-74748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30953]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 090130102-91386-02]
RIN 0648-XA780


Western and Central Pacific Fisheries for Highly Migratory 
Species; 2011 Bigeye Tuna Longline Fishery Closure

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

ACTION: Withdrawal of temporary rule.

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SUMMARY: NMFS withdraws the temporary rule that would have closed the 
U.S. pelagic longline fishery for bigeye tuna in the western and 
central Pacific Ocean as a result of the fishery reaching the 2011 
catch limit. NMFS no longer expects that the fishery will reach the 
limit by the date specified in the temporary rule.

DATES: The temporary rule published on November 18, 2011 (76 FR 71469) 
is withdrawn on November 28, 2011.

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

SUPPLEMENTARY INFORMATION: NMFS established a catch limit of 3,763 
metric tons (mt) of bigeye tuna (Thunnus obesus) for calendar year 2011 
(74 FR 63999, December 7, 2009, and codified at 50 CFR 300.224). The 
limit was established under Conservation and Management Measure 2008-01 
(CMM 2008-01) by the Commission for the Conservation and Management of 
Highly Migratory Species of the Western and Central Pacific Ocean 
(Commission). The catch limit applies to the U.S. pelagic longline 
fishery operating in the area of application of the Convention on the 
Conservation and

[[Page 74748]]

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. NMFS used 
those data and other available information to determine that the 2011 
catch limit was expected to be reached on November 27, 2011. In 
accordance with Sec.  300.224(d), NMFS issued a temporary rule to close 
the U.S. pelagic longline fishery for bigeye tuna in the Convention 
Area on November 27, 2011, through the end of the 2011 calendar year 
(76 FR 71469, November 18, 2011).
    On November 18, 2011, the President signed into law the 
Consolidated and Further Continuing Appropriations Act, 2012 (Act). 
Section 113 of the Act authorizes U.S. Participating Territories of the 
Commission, i.e., American Samoa, Guam, and the Northern Mariana 
Islands to (among other things) assign catch limits established by the 
Commission through arrangements with U.S. vessels with permits issued 
under the Fishery Management (now ``Ecosystem'') Plan for Pelagic 
Fisheries of the Western Pacific Region. Under CMM 2008-01, 
Participating Territories are generally subject to an annual catch 
limit of 2,000 mt of bigeye tuna. Under Section 113, the Secretary of 
Commerce is to attribute to Participating Territories those catches 
made by vessels operating under arrangements that meet the requirements 
of that section for the purposes of annual reporting to the Commission.
    As of the implementation date of the Act (November 18, 2011), the 
Hawaii longline Association, which represents U.S. longline vessels 
that fish in the western and central Pacific, had entered into an 
arrangement with the Territory of American Samoa. Pursuant to the Act, 
on November 18, 2011, NMFS began assigning catches by U.S. longline 
vessels fishing in the western and central Pacific to American Samoa. 
As a result, NMFS no longer expects that the fishery will reach the 
2011 catch limit for U.S. fisheries on the date announced in the 
temporary rule (76 FR 71469, November 18, 2011), and withdraws that 
temporary rule.

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

    Dated: November 25, 2011.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2011-30953 Filed 11-28-11; 4:15 pm]
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