[Federal Register Volume 81, Number 195 (Friday, October 7, 2016)]
[Rules and Regulations]
[Pages 69717-69718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24347]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 130717632-4285-02]
RIN 0648-XE902


International Fisheries; Pacific Tuna Fisheries; 2016 Bigeye Tuna 
Longline Fishery Reopening in the Eastern Pacific Ocean

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

ACTION: Temporary rule; fishery reopening.

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SUMMARY: NMFS is temporarily reopening the U.S. pelagic longline 
fishery for bigeye tuna for vessels over 24 meters in overall length in 
the eastern Pacific Ocean (EPO) because part of the 500 metric ton (mt) 
catch limit remains available after NMFS closed the fishery on July 25, 
2016. This action will allow U.S. vessels to access the remainder of 
the catch limit, which was established by the Inter-American Tropical 
Tuna Commission (IATTC) in Resolution C-13-01.

DATES: The reopening is effective October 4, 2016 until the effective 
date

[[Page 69718]]

of a notice of closure which will be published in the Federal Register, 
or through 11:59 p.m. local time December 31, 2016, whichever comes 
first.

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 as amended (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). 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 mt 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 retained catches of bigeye tuna noted in 
logbook data submitted by vessel captains and other available 
information from the longline fisheries in the IATTC Convention Area, 
determined that the 2016 catch limit would be reached by July 25, 2016, 
and published a notice in the Federal Register announcing the closure 
of the fishery (81 FR 46614, July 18, 2016). However, after reviewing 
the catch data, NMFS determined that approximately 250 mt of the catch 
limit remains available. Therefore, NMFS is publishing this notice to 
reopen the fishery so that the remainder of the catch limit may be 
caught. All fishing for the remaining catch limit must be done in 
accordance with regulations at 50 CFR 300.25. NMFS will continue to 
monitor bigeye tuna catch and publish a notice of closure if the catch 
limit will be reached before the catch limit regulations expire on 
December 31, 2016. Notice of a fishery closure will be published 7 
calendar days in advance of the effective date.

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). 
Compliance with the notice and comment requirement would be 
impracticable and contrary to the public interest because this action 
is simply a correction to a premature closure and is of benefit to 
fishermen since they cannot currently access the fishery. Moreover, 
NMFS previously solicited and considered public comments on the rule 
that established the catch limit (79 FR 19487, April 9, 2014). 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 Sec.  300.25(b) and is exempt from 
review under Executive Order 12866.

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

    Dated: October 4, 2016
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-24347 Filed 10-4-16; 4:15 pm]
 BILLING CODE 3510-22-P