[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44883-44884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18433]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 150619537-5615-01]
RIN 0648-XE037


Western and Central Pacific Fisheries for Highly Migratory 
Species; 2015 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 2015 catch limit. This action is necessary to 
prevent additional fishing pressure on this fish stock.

DATES: Effective August 5, 2015, through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands 
Region, 808-725-5032.

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 calendar year 2015 limit of 3,502 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) (80 
FR 43634, July 23, 2015; 50 CFR 300.224). NMFS monitored the retained 
catches of bigeye tuna using logbook data submitted by vessel captains 
and other available information, and determined that the 2015 catch 
limit would be reached by August 5, 2015. In accordance with 50 CFR 
300.224(e), 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 during the dates 
provided in the DATES heading. The fishery is scheduled to reopen on 
January 1, 2016. This rule does not apply to the longline fisheries of 
American Samoa, Guam, or the Commonwealth of the Northern Mariana 
Islands, collectively ``the territories,'' 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 August 19, 2015. 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.
    Longline-caught bigeye tuna may be retained on board, transshipped, 
and landed if the fish are caught by a vessel with a valid American 
Samoa longline permit, or landed in the territories. In either case, 
the following conditions must be met:
    (1) The fish is not caught in the U.S. Exclusive Economic Zone 
(EEZ) around Hawaii;
    (2) Other applicable laws and regulations are followed; and

[[Page 44884]]

    (3) The vessel has a valid permit issued under 50 CFR 660.707 or 
665.801.
    Bigeye tuna caught by longline gear during the closure may also 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).
    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 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) Longline fishing both inside and outside the Convention Area is 
not allowed during the same fishing trip. An exception would be a 
fishing trip that is in progress on August 5, 2015. In that case, the 
catch of bigeye tuna must be landed by August 19, 2015; and
    (2) If a longline vessel fishes outside the Convention Area and the 
vessel then enters the Convention Area during the same fishing trip, 
the fishing gear must be stowed and not readily available for fishing 
in the Convention Area. Specifically, hooks, branch lines, and floats 
must be stowed and the mainline hauler must be covered.
    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 operating in the longline fisheries of the territories. 
This includes vessels included in a specified fishing agreement under 
50 CFR 665.819(d), in accordance with 50 CFR 300.224(f)(iv). This group 
also includes vessels with valid American Samoa longline permits and 
vessels landing bigeye tuna in one of the territories, as long as the 
bigeye tuna were not caught in the EEZ around Hawaii, the fishing was 
compliant with all applicable laws, and the vessel has a valid permit 
issued under 50 CFR 660.707 or 665.801.

Classification

    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 it would 
be contrary to the public interest. This rule closes the U.S. longline 
fishery for bigeye tuna in the western and central Pacific as a result 
of reaching the applicable bigeye tuna catch limit. The limit is 
codified in Federal regulations and is based on agreed limits 
established by the Western and Central Pacific Fisheries Commission. 
NMFS forecasts that the fishery will reach the 2015 limit by August 5, 
2015. Although this is much earlier than in previous years, longline 
fishermen have been subject to longline bigeye tuna limits in the 
western and central Pacific since 2009. They have received ongoing, 
updated information about the 2015 catch and progress of the fishery in 
reaching the Convention Area limit via the NMFS Web site, social media, 
and other means. This constitutes adequate advance notice of this 
fishery closure. Additionally, the publication timing of this rule 
provides longline fishermen with seven days' advance notice of the 
closure date, and allows two weeks to return to port and land their 
catch of bigeye tuna.
    For the reasons stated above, there is also good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for this 
temporary rule. NMFS must close the fishery as soon as possible to 
ensure that fishery does not exceed the catch limit. According to NMFS 
stock-status-determination criteria, bigeye tuna in the Pacific Ocean 
are currently experiencing overfishing. NMFS implemented the catch 
limit to reduce the effects of fishing on bigeye tuna and restore the 
stock to levels capable of producing maximum sustainable yield on a 
continuing basis. Failure to close the fishery immediately would result 
in additional fishing pressure on this stock, in violation of Federal 
law and international obligations.
    This action is required by 50 CFR 300.224 and is exempt from review 
under Executive Order 12866.

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

    Dated: July 23, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-18433 Filed 7-27-15; 8:45 am]
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