[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Rules and Regulations]
[Pages 74002-74003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30193]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 130708597-4380-01]
RIN 0648-XE329


Pacific Island Pelagic Fisheries; 2015 CNMI Longline Bigeye Tuna 
Fishery; Closure

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

ACTION: Temporary rule; 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 allocation limit for the Commonwealth of the 
Northern Mariana Islands (CNMI). This action is necessary to comply 
with regulations managing this fish stock.

DATES: Effective November 30, 2015, through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIRO Sustainable 
Fisheries, 808-725-5176.

SUPPLEMENTARY INFORMATION: On August 5, 2015, NMFS restricted the 
retention, transshipment and landing of bigeye tuna captured by 
longline gear in the western and central Pacific Ocean (WCPO) as a 
result of the U.S. longline fishery reaching the 2015 U.S. bigeye

[[Page 74003]]

tuna limit of 3,502 mt (80 FR 44883, July 28, 2015). Regulations at 50 
CFR 300.224(d) provide an exception to this closure for bigeye tuna 
caught by U.S. longline vessels identified in a valid specified fishing 
agreement under 50 CFR 665.819(c). Further, 50 CFR 665.819(c)(9) 
authorized NMFS to attribute catches of bigeye tuna made by U.S. 
longline vessels identified in a valid specified fishing agreement to 
the U.S. territory to which the agreement applies.
    Effective on October 9, 2015, NMFS specified a 2015 catch limit of 
2,000 mt of longline-caught bigeye tuna for the CNMI (80 FR 61767, 
October 14, 2015). NMFS also authorized the CNMI to allocate up to 
1,000 mt of its 2,000 mt bigeye tuna limit to U.S. longline fishing 
vessels permitted to fish under the Fishery Ecosystem Plan for Pelagic 
Fisheries of the Western Pacific (FEP).
    On October 9, 2015, the Western Pacific Fishery Management Council, 
through its Executive Director, transmitted to NMFS a specified fishing 
agreement between the CNMI and Quota Management, Inc. (QMI), dated 
September 16, 2015, and amended on October 15, 2015, by adding one 
vessel. NMFS reviewed the agreement, as amended, and determined that it 
was consistent with the requirements at 50 CFR 665.819, the FEP, the 
Magnuson-Stevens Fishery Conservation and Management Act, and other 
applicable laws. The criteria that a specified fishing agreement must 
meet, and the process for attributing longline-caught bigeye tuna, 
followed the procedures in 50 CFR 665.819--Territorial catch and 
fishing effort limits.
    In accordance with 50 CFR 300.224(d) and 50 CFR 665.819(c)(9), NMFS 
began attributing bigeye tuna caught in the WCPO by vessels identified 
in the CNMI/QMI agreement to the CNMI, beginning on October 9, 2015. 
NMFS monitored catches of longline-caught bigeye tuna by the CNMI 
longline fisheries, including catches made by U.S. longline vessels 
operating under the CNMI/QMI agreement. Based on this monitoring, NMFS 
forecasted that the CNMI territorial allocation limit of 1,000 mt will 
be reached by the end of November 2015, and is, as an accountability 
measure, prohibiting the catch and retention of longline-caught bigeye 
tuna by vessels in the CNMI/QMI agreement.

Notice of Closure and Temporary Rule

    On November 30, 2015, through December 31, 2015, NMFS closes 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 
allocation limit of 1,000 mt for the CNMI.
    During the closure, a U.S. fishing vessel operating under the CNMI/
QMI agreement may not retain on board, transship, or land bigeye tuna 
captured by longline gear in the WCPO, 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 December 14, 2015. Additionally, U.S. fishing 
vessels operating under the CNMI/QMI agreement are also prohibited from 
transshipping bigeye tuna caught in the WCPO 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.
    During the closure, all other restrictions and requirements NMFS 
established on August 5, 2015, as a result of the U.S. longline fishery 
reaching the 2015 U.S. bigeye tuna limit of 3,502 mt (80 FR 44883, July 
28, 2015) shall remain valid and effective.
    NMFS notes that there is a pending case in litigation--Conservation 
Council for Hawai'i, et al., v. NMFS (D. Hawaii); case no. 14-cv-528--
that challenges the framework process for allocations from the 
territories to U.S. longline fishing vessels.

Classification

    There is good cause to waive the prior notice and public comment 
requirement of the Administrative Procedure Act, and make this rule 
effective immediately upon publication in the Federal Register. This 
rule closes the U.S. longline fishery for bigeye tuna in the WCPO as a 
result of reaching the bigeye tuna allocation limit established by the 
2015 specification for catch and allocation limits of bigeye tuna for 
the CNMI, and the specified fishing agreement between the Government of 
the CNMI and QMI dated September 16, 2015, amended on October 15, 2015.
    NMFS forecasts that the fishery will reach the 2015 limit by the 
end of November 2015. 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. The publication timing of this 
rule, moreover, 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. This action is intended to comply with 
regulations managing this stock, and, accordingly NMFS finds it 
impracticable and contrary to the public interest to have prior notice 
and public comment.
    For the reasons stated above, there is also good cause to waive the 
30-day delay requirement of the Administrative Procedure Act for this 
notice and temporary rule. NMFS must close the fishery as soon as 
possible to ensure that fishery does not exceed the allocation limit. 
NMFS implemented the catch and allocation limits for the CNMI 
consistent with management objectives to sustainable manage the bigeye 
tuna stock and restore the stock to levels capable of producing maximum 
sustainable yield on a continuing basis. Failure to close the fishery 
immediately would be inconsistent with bigeye tuna management 
objections and in violation of Federal law.
    This action is required by 50 CFR 665.819(d), and is exempt from 
review under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: November 23, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-30193 Filed 11-23-15; 4:15 pm]
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