[Federal Register Volume 81, Number 225 (Tuesday, November 22, 2016)]
[Rules and Regulations]
[Pages 83715-83716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28061]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[Docket No. 151023986-6763-02]
RIN 0648-XE284


Pacific Island Pelagic Fisheries; 2016 Commonwealth of the 
Northern Mariana Islands 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 because the fishery will 
reach the 2016 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 12:01 a.m. local time December 1, 2016, through 
December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Ariel Jacobs, NMFS PIRO Sustainable 
Fisheries, 808-725-5182.

SUPPLEMENTARY INFORMATION: On July 22, 2016, NMFS restricted the 
retention, transshipment and landing of bigeye tuna captured by 
longline gear in the western and central Pacific Ocean (WCPO) because 
the U.S. longline fishery reached 2016 U.S. bigeye tuna limit of 3,554 
mt (81 FR 45982, July 15, 2016). 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 September 9, 2016, NMFS specified a 2016 catch limit 
of 2,000 mt of longline-caught bigeye tuna for the U.S. territories of 
American Samoa, Guam and the Commonwealth of the Northern Mariana 
Islands or CNMI (81 FR 63145, September 14, 2016). NMFS also authorized 
each territory 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 September 9, 2016, 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 April 14, 2016. NMFS reviewed the agreement 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 (81 FR 64356, September 20, 2016). 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 September 9, 2016. 
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

[[Page 83716]]

CNMI territorial allocation limit of 1,000 mt will be reached by 
December 1, 2016, 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

    Effective 12:01 a.m. local time December 1, 2016, through December 
31, 2016, 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 2016 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 15, 2016. 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 July 22, 2016, as a result of the U.S. longline fishery 
reaching the 2016 U.S. bigeye tuna limit of 3,554 mt (81 FR 45982, July 
15, 2016) shall remain valid and effective.
    If, prior to December 1, 2016, NMFS receives a valid specified 
fishing agreement between a U.S. longline fishing vessel(s) and another 
U.S. territory, any vessel included in the CNMI/QMI agreement that is 
also included in the subsequent agreement may continue to transship, 
retain, and land bigeye tuna caught by longline gear in the WCPO. 
Additionally, if any such vessel is engaged in a longline fishing trip 
in the WCPO on December 1, 2016, that vessel would not need to return 
to port before December 15, 2016. NMFS would announce any valid 
specified fishing agreement in the Federal Register.

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 impracticable and contrary to public interest, as discussed below. 
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 2016 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 April 14, 2016.
    NMFS forecasted that the fishery would reach the 2016 CNMI 
allocation limit by December 1, 2016. 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 2016 
catch and progress of the fishery in reaching the U.S. bigeye tuna 
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 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 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 before the limit is reached 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 17, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-28061 Filed 11-17-16; 11:15 am]
 BILLING CODE 3510-22-P