[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Rules and Regulations]
[Pages 53631-53632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21548]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 130722647-4403-02]
RIN 0648-XD448


International Fisheries; Pacific Tuna Fisheries; 2014 Commercial 
Fishing for Pacific Bluefin Tuna Closed in the Eastern Pacific Ocean

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 commercial fishing for Pacific bluefin tuna in 
the eastern Pacific Ocean (EPO) because the catch limit is expected to 
be reached by the effective date of this action. This action is 
necessary per the intentions of the final rule (May 16, 2014), that 
implements the Inter-American Tropical Tuna Commission Resolution C-13-
02 on conservation and management measures for Pacific bluefin tuna in 
the EPO.

DATES: Effective at 5 p.m. PDT, September 5, 2014 through December 31, 
2014.

FOR FURTHER INFORMATION CONTACT: Mark Helvey, NMFS West Coast Region, 
562-980-4040.

SUPPLEMENTARY INFORMATION: Commercial fishing for Pacific bluefin tuna 
in the eastern Pacific Ocean is

[[Page 53632]]

managed, in part, under the Tuna Conventions Act of 1950 (Act), 16 
U.S.C. 951-962. Under the Act, NMFS must publish regulations to carry 
out recommendations of the Inter-American Tropical Tuna Commission 
(IATTC) that have been approved by the Department of State (DOS). 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 Conventions was signed to 
provide an international agreement to ensure the effective 
international conservation and management of highly migratory species 
of fish in the Convention Area.
    The IATTC Convention Area for this action is defined to include the 
waters of the eastern Pacific Ocean bounded by the coast of the 
Americas, the 50[deg] N. and 50[deg] S. parallels, and the 150[deg] W. 
meridian. Regulations governing fishing by U.S. vessels in accordance 
with the Act appear at 50 CFR part 300, subpart C. Those regulations 
implement recommendations of the IATTC for the conservation and 
management of highly migratory fish resources in the IATTC Convention 
Area (generally referred to as the eastern Pacific Ocean).
    The IATTC has recommended, and the DOS approved, annual catch 
limits of Pacific bluefin tuna for U.S. commercial vessels. For 
calendar year 2014, the targeting, retention, transshipping, or landing 
of Pacific bluefin tuna by U.S. commercial vessels fishing in the IATTC 
Convention Area is limited to 500 metric tons (mt) in the event that 
the Commission-wide limit of 5,000 mt has been reached (79 FR 28448, 
May 16, 2014, and codified at 50 CFR 300.25). The Commission-wide limit 
of 5,000 mt in 2014 is for all Commission members and cooperating non-
members operating in the EPO. Additionally, the regulations at 50 CFR 
300.25 establish a 2014 commercial PBF catch limit of 500 mt for the 
U.S. fleet in the event that the Commission-wide limit of 5,000 mt is 
reached. NMFS received a notice from the IATTC Director on July 9, 2014 
that the Commission-wide limit of 5,000 mt was estimated to have been 
reached.
    Based on the best available information from the fishery and 
working with the California Department of Fish and Wildlife, NMFS 
monitored the catch and landings of U.S. commercial vessels fishing in 
the IATTC Convention Area and projected that the 500 mt catch limit for 
U.S. commercial vessels is expected to be reached by September 5, 2014. 
This is the first year that U.S. commercial fisheries have reached the 
500 mt catch limit since the IATTC began actively managing Pacific 
bluefin fisheries in the EPO. On average, annual U.S. commercial 
landings for Pacific bluefin tuna have for the last ten years been less 
than 100 mt.
    Between January 2014 and July 2014 catches remained low at an 
estimated 2.1 mt; however, in early August the availability of Pacific 
bluefin tuna in U.S. waters increased, with a corresponding increase in 
landings over a short period of time. With clear intent of not 
exceeding the 500 mt catch limit for Pacific bluefin tuna, NMFS is 
waiving the seven day advance notice as described in 50 CFR 
300.25(h)(3). To provide as much advanced notice as practicable, NMFS 
has taken other steps to notify members of the fishing industry and the 
public that U.S. commercial fishing for Pacific bluefin tuna in the 
Convention Area will be closed starting on September 5, 2014, through 
the end of the 2014 calendar year.
    During the closure, U.S. commercial fishing vessels may not target, 
retain on board, transship, or land Pacific bluefin tuna in the 
Convention Area, except as follows:
     Any Pacific bluefin tuna already on board a fishing vessel 
upon the effective date of the prohibitions may be retained on board, 
transshipped, and/or landed, to the extent authorized by applicable 
laws and regulations, provided that they are landed within 14 days 
after the prohibitions become effective, that is September 19, 2014.
     Pacific bluefin tuna caught by a commercial vessel of the 
United States in the Convention Area may not be transshipped to a 
fishing vessel unless that fishing vessel is operated in compliance 
with a valid permit issued under Sec.  660.707 or Sec.  665.801.

Classification

    For the reasons set forth below, NMFS finds good cause to waive 
prior notice, opportunity for public comment, and a delay to the 
effective date for this temporary rule pursuant to 5 U.S.C. 553(b)(B) 
and 5 U.S.C. 553(d)(3). These procedures are impracticable and contrary 
to public interest. NMFS would be unable to ensure that the 2014 
Pacific bluefin tuna catch limit for U.S. commercial vessels is not 
exceeded if the effective date for this rule were delayed. This action 
is based on the best available information regarding U.S. catches 
approaching the 500 mt limit and is necessary for the conservation and 
management of Pacific bluefin tuna. The 500 mt catch limit is an 
important mechanism for the conservation and management of Pacific 
bluefin tuna, and one with which the U.S. must comply to meet its 
international obligations.
    This action is required by Sec.  300.25(b) and is exempt from 
review under Executive Order 12866.

    Authority:  16 U.S.C. 951-962 et seq.

    Dated: September 5, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-21548 Filed 9-5-14; 4:15 pm]
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