[Federal Register Volume 80, Number 141 (Thursday, July 23, 2015)]
[Rules and Regulations]
[Pages 43634-43636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18046]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 150619537-5615-01]
RIN 0648-BF19


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Bigeye Tuna Catch Limits in Longline 
Fisheries for 2015

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues regulations under authority of the Western and 
Central Pacific Fisheries Convention Implementation Act (WCPFC 
Implementation Act) to establish a catch limit of 3,502 metric tons 
(mt) of bigeye tuna (Thunnus obesus) for vessels in the U.S. pelagic 
longline fisheries operating in the western and central Pacific Ocean 
(WCPO) for calendar year 2015. The limit does not apply to vessels in 
the longline fisheries of American Samoa, Guam, or the Commonwealth of 
the Northern Mariana Islands (CNMI). Once the limit of 3,502 mt is 
reached in 2015, retaining, transshipping, or landing bigeye tuna 
caught 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), which comprises the majority of the 
WCPO, will be prohibited for the remainder of the calendar year, with 
certain exceptions. This action is necessary for the United States to 
satisfy its obligations under the Convention, to which it is a 
Contracting Party.

DATES: Effective on July 23, 2015.

ADDRESSES: Copies of supporting documents prepared for this final rule, 
including the regulatory impact review (RIR) and the Programmatic 
Environmental Assessment (PEA), are available via the Federal e-
Rulemaking Portal, at www.regulations.gov (search for Docket ID NOAA-
NMFS-2015-0085. Those documents are also available from NMFS at the 
following address: Michael D. Tosatto, Regional Administrator, NMFS, 
Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd., Building 176, 
Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808-725-5033.

SUPPLEMENTARY INFORMATION:

Background on the Convention

    The Convention focuses on the conservation and management of highly 
migratory species (HMS) and the management of fisheries for HMS. The 
objective of the Convention is to ensure, through effective management, 
the long-term conservation and sustainable use of HMS in the WCPO. To 
accomplish this objective, the Convention established the Commission on 
the Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (Commission or WCPFC). The Commission 
includes Members, Cooperating Non-members, and Participating 
Territories (hereafter, collectively ``members''). The United States is 
a Member. American Samoa, Guam, and the CNMI are Participating 
Territories.
    As a Contracting Party to the Convention and a Member of the 
Commission, the United States is obligated to implement the decisions 
of the Commission. The WCPFC Implementation Act (16 U.S.C. 6901 et 
seq.) authorizes the Secretary of Commerce, in consultation with the 
Secretary of State and the Secretary of the Department in which the 
United States Coast Guard is operating (currently the Department of 
Homeland Security), to promulgate such regulations as may be necessary 
to carry out the obligations of the United States under the Convention, 
including implementation of the decisions of the Commission. The WCPFC 
Implementation Act further provides that the Secretary of Commerce 
shall ensure consistency, to the extent practicable, of fishery 
management programs administered under the WCPFC Implementation Act and 
the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16 
U.S.C. 1801 et seq.), as well as other specific laws (see 16 U.S.C. 
6905(b)). The Secretary of Commerce has delegated the authority to 
promulgate regulations under the WCPFC Implementation Act to NMFS.
    A map showing the boundaries of the area of application of the 
Convention (Convention Area), which comprises the majority of the WCPO, 
can be found on the WCPFC Web site at: www.wcpfc.int/doc/convention-area-map.

WCPFC Decision on Tropical Tunas

    At its Eleventh Regular Session, in December 2014, the WCPFC 
adopted Conservation and Management Measure (CMM) 2014-01, 
``Conservation and Management Measure for Bigeye, Yellowfin and 
Skipjack Tuna in the Western and Central Pacific Ocean.'' CMM 2014-01 
is the most recent in a series of CMMs for the management of tropical 
tuna stocks under the purview of the Commission. It is a successor to 
CMM 2013-01, adopted in December 2013. These and other CMMs are 
available at: www.wcpfc.int/conservation-and-management-measures.
    The stated general objective of CMM 2014-01 and several of its 
predecessor CMMs is to ensure that the stocks of bigeye tuna (Thunnus 
obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna 
(Katsuwonus pelamis) in the WCPO are, at a minimum, maintained at 
levels capable of producing their maximum sustainable yield as 
qualified by relevant environmental and economic factors. The CMM 
includes specific objectives for each of the three stocks: For each, 
the fishing mortality rate is to be reduced to or maintained at levels 
no greater than the fishing mortality rate associated with maximum 
sustainable yield.
    CMM 2014-01 went into effect February 3, 2015, and is generally 
applicable for the 2015-2017 period. The CMM includes provisions for 
purse

[[Page 43635]]

seine vessels, longline vessels, and other types of vessels that fish 
for HMS. The CMM's provisions for longline vessels include catch limits 
for bigeye tuna and a general provision not to increase catches of 
yellowfin tuna.
    Paragraphs 40-42 CMM 2014-01 require WCPFC members to limit catches 
of bigeye tuna in the Convention Area to specified levels in each of 
2015, 2016, and 2017. The applicable limits for the United States in 
those 3 years are 3,554 metric tons (mt), 3,554 mt, and 3,345 mt, 
respectively. In addition, paragraph 40 of the CMM states that any 
catch overage in a given year shall be deducted from the catch limit 
for the following year. This provision was also in CMM 2013-01, the 
predecessor to CMM 2014-01, so it pertains to the catch limit for 2015, 
as well as 2016 and 2017. No limits are required for the longline 
fisheries of any of the U.S. Participating Territories.

Implementation of CMM 2014-01

    NMFS implemented the purse seine fishing effort limits specified 
under CMM 2014 earlier this year (see interim final rule, 80 FR 29220; 
published May 21, 2015). NMFS is also undertaking a separate rulemaking 
to implement other requirements under CMM 2014-01 for purse seine 
vessels for 2015 (RIN 0648-BE84). That rule would establish a framework 
process through which NMFS could specify limits on fishing effort and 
catches, as well as spatial and temporal restrictions on particular 
fishing activities and other requirements, in U.S. fisheries for HMS in 
the WCPO, to implement particular decisions of the Commission. Using 
that framework process, NMFS would establish specific limits for 2015, 
including restrictions on the use of fish aggregating devices by purse 
seine vessels. The rule would also implement several other unrelated 
WCPFC decisions and make some changes to existing regulations that 
implement WCPFC decisions, including the longline bigeye tuna catch 
limits. However, the rule would not affect the 2015 longline bigeye 
tuna catch limit being implemented in this final rule. Rather, it is 
anticipated that longline catch limits in future years would be 
implemented pursuant the framework and other requirements established 
in the separate rulemaking (RIN 0648-BE84).

Provisions Implemented in This Action

    This final rule is limited to implementing the 2015 calendar year 
longline bigeye tuna catch limit for U.S. fisheries in the Convention 
Area, as mandated under CMM 2014-01. As stated above, the limit for 
2015 is 3,554 mt less any overage of the limit applicable for 2014. The 
applicable limit for 2014 was 3,763 mt (see the final rule that 
established that limit at 78 FR 58240; published September 23, 2013). 
NMFS has estimated that bigeye tuna catches in the U.S. longline 
fishery in the Convention Area in 2014 were 3,815 mt, 52 mt more than 
the limit of 3,763 mt; therefore, the applicable limit for 2015 is 
3,502 mt (3,554 minus 52).
    The 2015 longline bigeye tuna catch limit will apply only to U.S-
flagged longline vessels operating as part of the U.S. longline 
fisheries. The limit will not apply to U.S. longline vessels operating 
as part of the longline fisheries of American Samoa, the CNMI, or Guam. 
Existing regulations at 50 CFR 300.224(b), (c), and (d) detail the 
manner in which longline-caught bigeye tuna is attributed among the 
fisheries of the United States and the U.S. Participating Territories.
    Consistent with the basis for the limits prescribed in CMM 2014-01 
and with previous rules issued by NMFS to implement bigeye tuna catch 
limits in U.S. longline fisheries, the catch limit is measured in terms 
of retained catches--that is, bigeye tuna that are caught by longline 
gear and retained on board the vessel.

Announcement of the Limit Being Reached

    As set forth under the existing regulations at 50 CFR 300.224(e), 
if NMFS determines that the limit is expected to be reached in 2015, 
NMFS will publish a notice in the Federal Register to announce specific 
fishing restrictions that will be effective from the date the limit is 
expected to be reached until the end of the 2015 calendar year. NMFS 
will publish the notice of the restrictions at least 7 calendar days 
before the effective date to provide vessel owners and operators with 
advance notice. Periodic forecasts of the date the limit is expected to 
be reached will be made available to the public, such as by posting on 
a Web site, to help vessel owners and operators plan for the 
possibility of the limit being reached.

Restrictions After the Limit Is Reached

    As set forth under the existing regulations at 50 CFR 300.224(f), 
if the limit is reached, the restrictions that will be in effect will 
include the following:
    1. Retain on board, transship, or land bigeye tuna: Starting on the 
effective date of the restrictions and extending through December 31 of 
2015, it will be prohibited to use a U.S. fishing vessel to retain on 
board, transship, or land bigeye tuna captured in the Convention Area 
by longline gear, except as follows:
    First, any bigeye tuna already on board a fishing vessel upon the 
effective date of the restrictions can be retained on board, 
transshipped, and/or landed, provided that they are landed within 14 
days after the restrictions become effective. A vessel that had 
declared to NMFS pursuant to 50 CFR 665.803(a) that the current trip 
type is shallow-setting is not subject to this 14-day landing 
restriction, so these vessels will be able to land fish more than 14 
days after the restrictions become effective.
    Second, bigeye tuna captured by longline gear can be retained on 
board, transshipped, and/or landed if they are caught by a fishing 
vessel registered for use under a valid American Samoa Longline Limited 
Access Permit, or if they are landed in American Samoa, Guam, or the 
CNMI. However, the bigeye tuna must not be caught in the portion of the 
U.S. EEZ surrounding the Hawaiian Archipelago, and must be landed by a 
U.S. fishing vessel operated in compliance with a valid permit issued 
under 50 CFR 660.707 or 665.801.
    Third, bigeye tuna captured by longline gear can be retained on 
board, transshipped, and/or landed if they are caught by a vessel that 
is included in a specified fishing agreement under 50 CFR 665.819(d), 
in accordance with 50 CFR 300.224(f)(iv).
    2. Transshipment of bigeye tuna to certain vessels: Starting on the 
effective date of the restrictions and extending through December 31 of 
2015, it will be prohibited to transship bigeye tuna caught in the 
Convention Area by longline gear to any vessel other than a U.S. 
fishing vessel operated in compliance with a valid permit issued under 
50 CFR 660.707 or 665.801.
    3. Fishing inside and outside the Convention Area: To help ensure 
compliance with the restrictions related to bigeye tuna caught by 
longline gear in the Convention Area, the final rule establishes two 
additional, related prohibitions that are in effect starting on the 
effective date of the restrictions and extending through December 31 of 
2015. First, vessels are prohibited from fishing 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 at the 
time the announced restrictions go into effect. In that exceptional 
case, the vessel still must land any bigeye tuna taken in the 
Convention Area within 14 days of the effective date of the 
restrictions, as described above. Second, if a vessel is used to fish 
using longline

[[Page 43636]]

gear outside the Convention Area and 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. These two 
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 operating for the purposes of this rule as part of the longline 
fisheries of American Samoa, Guam, or the CNMI. This second group 
includes vessels registered for use under valid American Samoa Longline 
Limited Access Permits and vessels landing their bigeye tuna catch in 
one of the three U.S. Participating Territories, so long as these 
vessels conduct fishing activities in accordance with the conditions 
described above, and vessels included in a specified fishing agreement 
under 50 CFR 665.819(d), in accordance with 50 CFR 300.224(f)(iv).

Classification

    The Administrator, Pacific Islands Region, NMFS, has determined 
that this final rule is consistent with the WCPFC Implementation Act 
and other applicable laws.

Administrative Procedure Act

    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 prior 
notice and the opportunity for public comment would be impracticable 
and contrary to the public interest. This rule establishes a bigeye 
tuna catch limit for U.S. longline fisheries in the Convention Area for 
2015 that is similar to limits implemented from 2009-2014. Affected 
entities have been subject to longline bigeye tuna catch limits in the 
Convention Area since 2009, and have received information regarding 
NMFS' estimates of the 2015 longline bigeye tuna catch in the 
Convention Area and the approximate date the catch limit may be reached 
via NMFS' Web site and other means. Allowing for advance notice and 
public comment on this action is impracticable because the amount of 
U.S. longline bigeye tuna catch in the Convention Area to date in 2015 
has been greater than in prior years, and it is critical that NMFS 
publish the catch limit for 2015 as soon as possible to ensure that it 
is not exceeded, in compliance with our international legal obligations 
with respect to CMM 2014-01. Based on preliminary data available to 
date, NMFS expects that the applicable limit of 3,502 mt is likely to 
be reached in early August of 2015. Delaying this rule to allow for 
advance notice and public comment would bring a substantial risk that 
more than 3,502 mt of bigeye tuna would be caught by U.S. longline 
fisheries operating in the WCPO, constituting non-compliance by the 
United States with respect to the longline bigeye tuna catch limit 
provisions of CMM 2014-01 for calendar year 2015. Because a delay in 
implementing this limit for 2015 could result in the United States 
violating its international legal obligations with respect to the 
longline bigeye tuna catch limit provisions of CMM 2014-01, which are 
important for the conservation and management of tropical tuna stocks 
in the WCPO, allowing advance notice and the opportunity for public 
comment would be contrary to the public interest.
    For the reasons articulated above, there is also good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effective date for this 
rule. As described above, NMFS must implement the longline bigeye tuna 
catch limit provisions of CMM 2014-01 for 2015 as soon as possible, in 
order to ensure that the catch limit is not exceeded. The catch limit 
is intended to reduce or otherwise control fishing pressure on bigeye 
tuna in the WCPO in order to restore this stock to levels capable of 
producing maximum sustainable yield on a continuing basis. According to 
the NMFS stock status determination criteria, bigeye tuna in the 
Pacific Ocean is currently experiencing overfishing. Failure to 
immediately implement the 2015 catch limit would result in additional 
fishing pressure on this stock, in violation of international and 
domestic legal obligations.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Therefore, no final regulatory flexibility 
analysis was required and none has been prepared.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Reporting and recordkeeping requirements, Treaties.

    Dated: July 17, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300 is amended 
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart O--Western and Central Pacific Fisheries for Highly 
Migratory Species

0
1. The authority citation for 50 CFR part 300, subpart O, continues to 
read as follows:

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


0
2. In Sec.  300.224, paragraph (a) is revised to read as follows:


Sec.  300.224  Longline fishing restrictions.

    (a) Establishment of bigeye tuna catch limit. There is a limit of 
3,502 metric tons of bigeye tuna that may be captured in the Convention 
Area by longline gear and retained on board by fishing vessels of the 
United States during calendar year 2015.
* * * * *
[FR Doc. 2015-18046 Filed 7-22-15; 8:45 am]
 BILLING CODE 3510-22-P