[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Rules and Regulations]
[Pages 46515-46516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19230]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 130717632-4285-02]
RIN 0648-XE085


International Fisheries; Pacific Tuna Fisheries; 2015 Bigeye Tuna 
Longline Fishery Closure in the Eastern Pacific Ocean

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is temporarily closing the U.S. pelagic longline fishery 
for bigeye tuna for vessels over 24 meters in overall length in the 
eastern Pacific Ocean (EPO) through December 31, 2015 because the 2015 
catch limit of 500 metric tons is expected to be reached. This action 
is necessary to prevent the fishery from exceeding the applicable catch 
limit established by the Inter-American Tropical Tuna Commission 
(IATTC) in Resolution C-13-01, which governs tuna conservation in the 
EPO from 2014-2016.

DATES: The rule is effective 12 a.m. local time August 12, 2015, 
through 11:59 p.m. local time December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Taylor Debevec, NMFS West Coast 
Region, 562-980-4066.

SUPPLEMENTARY INFORMATION: 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 Convention provides an international agreement to ensure the 
effective international conservation and management of highly migratory 
species of fish in the IATTC Convention Area. The IATTC Convention 
Area, as amended by the Antigua Convention, includes the waters of the 
EPO bounded by the coast of the Americas, the 50[deg] N. and 50[deg] S. 
parallels, and the 150[deg] W. meridian.
    Pelagic longline fishing in the EPO is 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 IATTC 
that have been approved by the Department of State (DOS). Regulations 
governing fishing by U.S. vessels in accordance with the Act appear at 
50 CFR part 300, subpart C. These regulations implement

[[Page 46516]]

IATTC recommendations for the conservation and management of highly 
migratory fish resources in the EPO.
    In 2013, the IATTC adopted Resolution C-13-01, which establishes an 
annual catch limit of bigeye tuna for longline vessels over 24 meters. 
For calendar years 2014, 2015, and 2016, the catch of bigeye tuna by 
longline gear in the IATTC Convention Area by fishing vessels of the 
United States that are over 24 meters in overall length is limited to 
500 metric tons per year. With the approval of the DOS, NMFS 
implemented this catch limit by notice-and-comment rulemaking under the 
Act (79 FR 19487, April 9, 2014, and codified at 50 CFR 300.25).
    NMFS, through monitoring the retained catches of bigeye tuna using 
logbook data submitted by vessel captains and other available 
information from the longline fisheries in the IATTC Convention Area, 
has determined that the 2015 catch limit is expected to be reached by 
August 12, 2015. In accordance with 50 CFR 300.25(b), this Federal 
Register notice announces that the U.S. longline fishery for bigeye 
tuna in the IATTC Convention Area will be closed for vessels over 24 
meters in overall length starting on August 12, 2015, through the end 
of the 2015 calendar year. The 2016 fishing year is scheduled to open 
on January 1, 2016. The bigeye tuna catch limit for longline vessels 
over 24 meters in overall length will again be 500 metric tons for 
2016.
    During the closure, a U.S. fishing vessel over 24 meters in overall 
length may not be used to retain on board, transship, or land bigeye 
tuna captured by longline gear in the IATTC Convention Area, except as 
follows:
     Any bigeye tuna already on board a fishing vessel on 
August 12, 2015, may be retained on board, transshipped, and/or landed, 
to the extent authorized by applicable laws and regulations, provided 
all bigeye tuna are landed within 14 days after the effective date of 
this rule, that is, no later than August 26, 2015.
     In the case of a vessel that has declared to NMFS that the 
current trip type is shallow-set longlining, the 14-day limit to land 
all bigeye in the previous paragraph is waived. However, the 
prohibition on any additional retention of bigeye tuna still applies as 
of August 12, 2015.
    Other prohibitions during the closure include the following:
     Bigeye tuna caught by a United States vessel over 24 
meters in overall length with longline gear in the IATTC Convention 
Area may not be transshipped to a fishing vessel unless that fishing 
vessel is operated in compliance with a valid permit issued under 50 
CFR 660.707 or 665.801.\1\
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    \1\ In 50 CFR 300.25(b)(4)(ii), the reference to Sec.  665.21 is 
outdated. The former 50 CFR 665.21 has been recodified to Sec.  
665.801.
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     A fishing vessel of the United States over 24 meters in 
overall length, that is not on a declared shallow-set longline trip, 
may not be used to fish in the Pacific Ocean using longline gear both 
inside and outside the IATTC Convention Area during the same fishing 
trip, with the exception of a fishing trip that was already in progress 
when the prohibitions were put into effect.
     If a vessel over 24 meters in overall length, that is not 
on a declared shallow-set longline trip, is used to fish in the Pacific 
Ocean using longline gear outside the IATTC Convention Area, and the 
vessel enters the IATTC 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. Specifically, 
the hooks, branch lines, and floats 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.

Classification

    NMFS has determined 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 because NMFS would be unable to ensure that the 
2015 bigeye tuna catch limit applicable to longline vessels over 24 
meters is not exceeded. The annual catch limit is an important 
mechanism to ensure that the United States complies with its 
international obligations in preventing overfishing and managing the 
fishery at optimum yield. Moreover, NMFS previously solicited, and 
considered, public comments on the rule that established the catch 
limit (79 FR 19487, April 9, 2014), including a provision for issuing a 
notice to close the fishery, if necessary, to prevent exceeding the 
catch limit. For the same reasons, NMFS has also determined there is 
good cause to waive the requirement for a 30-day delay in effectiveness 
under 5 U.S.C. 553(d)(3).
    This action is required by 50 CFR 300.25(b) and is exempt from 
review under Executive Order 12866.

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

    Dated: July 31, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-19230 Filed 7-31-15; 4:15 pm]
 BILLING CODE 3510-22-P