[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Rules and Regulations]
[Pages 36341-36344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16456]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170329334-7665-01]
RIN 0648-BG78


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Bigeye Tuna Catch Limits in Longline 
Fisheries for 2017

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

ACTION: Interim rule; request for comments.

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SUMMARY: NMFS issues regulations under authority of the Western and 
Central Pacific Fisheries Convention Implementation Act (WCPFC 
Implementation Act) to modify a limit on the amount of bigeye tuna 
(Thunnus obesus) that may be captured by U.S. longline vessels in the 
western and central Pacific Ocean (WCPO), to 3,138 metric tons (mt) for 
calendar year 2017. The limit does not apply to vessels in the longline 
fisheries of American Samoa, Guam, or the Commonwealth of the Northern 
Mariana Islands (CNMI). Once the limit of 3,138 mt is reached in 2017, 
retaining, transshipping, or landing bigeye tuna caught 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), which comprises the majority of the WCPO, will be 
prohibited for the remainder of the calendar year, with certain 
exceptions. This action is necessary for the United States to satisfy 
its obligations under the Convention, to which it is a Contracting 
Party.

DATES: Effective on August 4, 2017. Comments must be submitted in 
writing by September 5, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0085, and the regulatory impact review (RIR) prepared 
for the interim rule, by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0085,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.

- OR -

     Mail: Submit written comments to Michael D. Tosatto, 
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
might not be considered by NMFS. All comments received are a part of 
the public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name and address), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of the RIR, and the programmatic environmental assessment 
and supplemental information report prepared for National Environmental 
Policy Act purposes are available at www.regulations.gov or may be 
obtained from Michael D. Tosatto, Regional Administrator, NMFS PIRO 
(see address above)

FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808-725-5033.

SUPPLEMENTARY INFORMATION: 

Background on the Convention

    A map showing the boundaries of the area of application of the 
Convention (Convention Area), which comprises the majority of the WCPO, 
can be found on the WCPFC Web site at: www.wcpfc.int/doc/convention-area-map. The Convention focuses on the conservation and management of 
highly migratory species (HMS) and the management of fisheries for HMS. 
The objective of the Convention is to ensure, through effective 
management, the long-term conservation and sustainable use of HMS in 
the WCPO. To accomplish this objective, the Convention established the 
Commission on the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean (Commission or WCPFC). 
The Commission includes Members, Cooperating Non-members, and 
Participating Territories (hereafter, collectively ``Members''). The 
United States is a Member. American Samoa, Guam, and the CNMI are 
Participating Territories.
    As a Contracting Party to the Convention and a Member of the 
Commission, the United States is obligated to implement the decisions 
of the Commission. The WCPFC Implementation Act (16 U.S.C. 6901 et 
seq.) authorizes the Secretary of Commerce, in consultation with the

[[Page 36342]]

Secretary of State and the Secretary of the Department in which the 
United States Coast Guard is operating (currently the Department of 
Homeland Security), to promulgate such regulations as may be necessary 
to carry out the obligations of the United States under the Convention, 
including implementation of the decisions of the Commission. The WCPFC 
Implementation Act further provides that the Secretary of Commerce 
shall ensure consistency, to the extent practicable, of fishery 
management programs administered under the WCPFC Implementation Act and 
the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16 
U.S.C. 1801 et seq.), as well as other specific laws (see 16 U.S.C. 
6905(b)). The Secretary of Commerce has delegated the authority to 
promulgate regulations under the WCPFC Implementation Act to NMFS.

WCPFC Decision on Tropical Tunas

    At its Thirteenth Regular Session, in December 2016, the WCPFC 
adopted Conservation and Management Measure (CMM) 2016-01, 
``Conservation and Management Measure for Bigeye, Yellowfin and 
Skipjack Tuna in the Western and Central Pacific Ocean.'' CMM 2016-01 
is the most recent in a series of CMMs for the management of tropical 
tuna stocks under the purview of the Commission. CMM 2016-01 maintains 
the provisions of its predecessor, CMM 2015-01. These and other CMMs 
are available at: www.wcpfc.int/conservation-and-management-measures.
    The stated general objective of CMM 2016-01 and several of its 
predecessor CMMs is to ensure that the stocks of bigeye tuna (Thunnus 
obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna 
(Katsuwonus pelamis) in the WCPO are, at a minimum, maintained at 
levels capable of producing their maximum sustainable yield as 
qualified by relevant environmental and economic factors. The CMM 
includes specific objectives for each of the three stocks: For each, 
the fishing mortality rate is to be reduced to or maintained at levels 
no greater than the fishing mortality rate associated with maximum 
sustainable yield.
    CMM 2016-01 went into effect February 2017, and is generally 
applicable for 2017. The CMM includes provisions for purse seine 
vessels, longline vessels, and other types of vessels that fish for 
HMS. The CMM's provisions for longline vessels include catch limits for 
bigeye tuna and a general provision not to increase catches of 
yellowfin tuna.

The Action

    In 2016, NMFS established catch limits for bigeye tuna that may be 
captured in the Convention Area by longline gear and retained on board 
by fishing vessels of the United States for calendar years 2016 and 
2017, putting into place provisions of CMM 2015-01, the predecessor to 
CMM 2016-01 (81 FR 41239). The limit for 2016 was set at 3,554 mt and 
the limit for 2017 was set at 3,345 mt. (Id.). As in CMM 2015-01, under 
paragraphs 40-42 of CMM 2016-01, Commission members are to limit 
catches by their longline vessels of bigeye tuna in the Convention Area 
to specified levels in 2017. Under CMM 2016-01, the applicable limit 
for the United States in 2017 continues to be 3,345 mt. In addition, 
paragraph 40 of CMM 2016-01 reiterates the provision of CMM 2015-01 
that states that any catch overage in a given year shall be deducted 
from the catch limit for the following year. The Commission has not 
adopted limits for the longline fisheries of any of the U.S. 
Participating Territories, American Samoa, Guam, and the CNMI.
    This interim rule is limited to implementing the 2017 calendar year 
longline bigeye tuna catch limit for U.S. fisheries in the Convention 
Area, as mandated under CMM 2016-01 which continues the relevant 
provisions adopted by CMM 2015-01. As stated above, the Commission-
adopted limit for 2017 continues to be 3,345 mt less any overage of the 
limit applicable in 2016. The limit for 2016 was 3,554 mt (see 81 FR 
41239). There was an overage of 207 mt in 2016, so the limit for 2017 
is 3,138 mt. This interim rule adjusts the 2017 limit from the 
established 3,345 mt to 3,138 mt.
    The 2017 longline bigeye tuna catch limit will apply only to U.S.-
flagged longline vessels operating as part of the U.S. longline 
fisheries. The limit will not apply to U.S. longline vessels operating 
as part of the longline fisheries of American Samoa, the CNMI, or Guam. 
Existing regulations at 50 CFR 300.224(b), (c), and (d) detail the 
manner in which longline-caught bigeye tuna is attributed among the 
fisheries of the United States and the U.S. Participating Territories.
    Consistent with the basis for the limits prescribed in CMM 2016-01 
and with regulations issued by NMFS to implement bigeye tuna catch 
limits in U.S. longline fisheries as described below, the catch limit 
is measured in terms of retained catches--that is, bigeye tuna that are 
caught by longline gear and retained on board the vessel.

Announcement of the Limit Being Reached

    As set forth under the existing regulations at 50 CFR 300.224(e), 
if NMFS determines that the limit is expected to be reached in 2017, 
NMFS will publish a notice in the Federal Register to announce specific 
fishing restrictions that will be effective from the date the limit is 
expected to be reached until the end of the 2017 calendar year. NMFS 
will publish the notice of the restrictions at least 7 calendar days 
before the effective date to provide vessel owners and operators with 
advance notice. Periodic forecasts of the date the limit is expected to 
be reached will be made available to the public, such as by posting on 
a Web site, to help vessel owners and operators plan for the 
possibility of the limit being reached.

Restrictions After the Limit is Reached

    As set forth under the existing regulations at 50 CFR 300.224(f), 
if the limit is reached, the restrictions that will be in effect will 
include the following:
    1. Retain on board, transship, or land bigeye tuna: Starting on the 
effective date of the restrictions and extending through December 31 of 
2017, it will be prohibited to use a U.S. fishing vessel to retain on 
board, transship, or land bigeye tuna captured in the Convention Area 
by longline gear, except as follows:
    First, any bigeye tuna already on board a fishing vessel upon the 
effective date of the restrictions can be retained on board, 
transshipped, and/or landed, provided that they are landed within 14 
days after the restrictions become effective. A vessel that had 
declared to NMFS pursuant to 50 CFR 665.803(a) that the current trip 
type is shallow-setting is not subject to this 14-day landing 
restriction, so these vessels will be able to land bigeye tuna more 
than 14 days after the restrictions become effective.
    Second, bigeye tuna captured by longline gear can be retained on 
board, transshipped, and/or landed if they are caught by a fishing 
vessel registered for use under a valid American Samoa Longline Limited 
Access Permit, or if they are landed in American Samoa, Guam, or the 
CNMI. However, the bigeye tuna must not be caught in the portion of the 
U.S. EEZ surrounding the Hawaiian Archipelago, and must be landed by a 
U.S. fishing vessel operated in compliance with a valid permit issued 
under 50 CFR 660.707 or 665.801.

[[Page 36343]]

    Third, bigeye tuna captured by longline gear can 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).
    2. Transshipment of bigeye tuna to certain vessels: Starting on the 
effective date of the restrictions and extending through December 31 of 
2017, it will be prohibited to transship bigeye tuna caught in the 
Convention Area by longline gear to any vessel other than a U.S. 
fishing vessel operated in compliance with a valid permit issued under 
50 CFR 660.707 or 665.801.
    3. Fishing inside and outside the Convention Area: To help ensure 
compliance with the restrictions related to bigeye tuna caught by 
longline gear in the Convention Area, the interim rule establishes two 
additional, related prohibitions that are in effect starting on the 
effective date of the restrictions and extending through December 31 of 
2017. First, vessels are prohibited from fishing with longline gear 
both inside and outside the Convention Area during the same fishing 
trip, with the exception of a fishing trip that is in progress at the 
time the announced restrictions go into effect. In that exceptional 
case, the vessel still must land any bigeye tuna taken in the 
Convention Area within 14 days of the effective date of the 
restrictions, as described above. Second, if a vessel is used to fish 
using longline gear outside the Convention Area and enters the 
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 while the vessel is in the Convention 
Area. These two 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 for the purposes of this rule as 
part of the longline fisheries of American Samoa, Guam, or the CNMI. 
This second group includes vessels registered for use under valid 
American Samoa Longline Limited Access Permits and vessels landing 
their bigeye tuna catch in one of the three U.S. Participating 
Territories, so long as these vessels conduct fishing activities in 
accordance with the conditions described above, and vessels included in 
a specified fishing agreement under 50 CFR 665.819(d), in accordance 
with 50 CFR 300.224(f)(iv).

Classification

    The Administrator, Pacific Islands Region, NMFS, has determined 
that this interim rule is consistent with the WCPFC Implementation Act 
and other applicable laws.

Administrative Procedure Act

    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 prior 
notice and the opportunity for public comment would be contrary to the 
public interest. This rule adjusts a bigeye tuna catch limit for U.S. 
longline fisheries in the Convention Area for 2017. Data on the amount 
of the 2016 overage only recently became available, and NMFS must 
publish the revised limit for 2017 as soon as possible to ensure it is 
not exceeded and the United States complies with its international 
legal obligations with respect to CMM 2016-01. Based on preliminary 
data available to date, NMFS expects that the applicable limit of 3,138 
mt is likely to be reached in late summer of 2017. Delaying this rule 
to allow for advance notice and public comment increases the risk that 
more than 3,138 mt of bigeye tuna would be caught by U.S. longline 
fisheries operating in the WCPO, potentially constituting non-
compliance by the United States with respect to the longline bigeye 
tuna catch limit provisions of CMM 2016-01 for calendar year 2017. 
Because a delay in implementing this limit for 2017 could result in the 
United States violating its international legal obligations to conserve 
tropical tuna stocks in the WCPO, allowing advance notice and the 
opportunity for public comment would be contrary to the public 
interest.
    Additionally, prior notice and opportunity for public comment is 
unnecessary because this rule only adjusts a previously established 
limit for 2017 (see 81 FR 24772 and 81 FR 41239). In the preambles to 
the proposed rule and the final rule that established the 2017 limit, 
NMFS provided notice that if there was an overage of the limit for 
2016, NMFS would adjust the 2017 limit in accordance with the 
provisions of CMM 2015-01 and any other pertinent Commission decisions 
in force at that time. (Id.) Moreover, affected entities have been 
subject to longline bigeye tuna limits in the Convention Area since 
2009, and the adjusted limit is similar to the limits implemented from 
2009-2016. The regulated entities have received information regarding 
NMFS' estimates of the 2017 longline bigeye tuna catch in the 
Convention Area and the approximate date the catch limit may be reached 
via NMFS' Web site and other means.
    NMFS will, however, take and consider public comments received on 
this interim final and, if appropriate, NMFS will issue a revised final 
rule in response to public comment.
    For the reasons articulated above, there is also good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effective date for this 
rule. As described above, NMFS must implement the longline bigeye tuna 
catch limit provisions of CMM 2016-01 for 2017 as soon as possible, in 
order to ensure that the catch limit is not exceeded. The catch limit 
is intended to reduce or otherwise control fishing pressure on bigeye 
tuna in the WCPO in order to restore this stock to levels capable of 
producing maximum sustainable yield on a continuing basis. According to 
the NMFS stock status determination criteria, bigeye tuna in the 
Pacific Ocean is currently experiencing overfishing. Failure to 
immediately implement the 2017 catch limit would result in additional 
fishing pressure on this stock, in violation of international and 
domestic legal obligations.

Executive Order 12866

    This interim rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Therefore, no regulatory flexibility 
analysis was required and none has been prepared.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Reporting and recordkeeping requirements, Treaties.

    Dated: August 1, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 300 is amended 
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart O--Western and Central Pacific Fisheries for Highly 
Migratory Species

0
1. The authority citation for 50 CFR part 300, subpart O, continues to 
read as follows:

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


0
2. In Sec.  300.224, paragraph (a)(2) is revised to read as follows:

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Sec.  300.224  Longline fishing restrictions.

    (a) * * *
    (2) During calendar year 2017 there is a limit of 3,138 metric tons 
of bigeye tuna that may be captured in the Convention Area by longline 
gear and retained on board by fishing vessels of the United States.
* * * * *
[FR Doc. 2017-16456 Filed 8-3-17; 8:45 am]
 BILLING CODE 3510-22-P