[Federal Register Volume 84, Number 142 (Wednesday, July 24, 2019)]
[Rules and Regulations]
[Pages 35568-35569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15722]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 190325272-9537-02]
RIN 0648-XP002
Western and Central Pacific Fisheries for Highly Migratory
Species; 2019 Bigeye Tuna Longline Fishery Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; fishery 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 has
reached the 2019 catch limit. This action is necessary to ensure
compliance with NMFS regulations that implement decisions of the
Western and Central Pacific Fisheries Commission (WCPFC).
DATES: Effective 12:01 a.m. local time July 27, 2019, through December
31, 2019.
ADDRESSES: NMFS prepared a plain language guide and frequently asked
questions that explain how to comply with this rule; both are available
at https://www.regulations.gov/docket?D=NOAA-NMFS-2019-0085.
FOR FURTHER INFORMATION CONTACT: Rebecca Walker, NMFS Pacific Islands
Region, 808-725-5184.
SUPPLEMENTARY INFORMATION: Pelagic longline fishing in the western and
central Pacific Ocean is managed, in part, under the Western and
Central Pacific Fisheries Convention Implementation Act (Act).
Regulations governing fishing by U.S. vessels in accordance with the
Act appear at 50 CFR part 300, subpart O.
NMFS established a calendar year 2019 limit of 3,554 metric tons
(t) of bigeye tuna (Thunnus obesus) that may be caught and retained in
the U.S. pelagic longline fishery in the area of application of the
Convention on the Conservation and Management of Highly Migratory Fish
Stocks in the
[[Page 35569]]
Western and Central Pacific Ocean (Convention Area) (83 FR 33851, July
18, 2018). NMFS monitored the retained catches of bigeye tuna using
logbook data submitted by vessel captains and other available
information, and determined that the fishery will reach the 2019 catch
limit by July 27, 2019.
In accordance with 50 CFR 300.224(e), this rule serves as
notification to fishermen, the fishing industry, and the public that
the U.S. longline fishery for bigeye tuna in the Convention Area will
be closed during the dates provided in the DATES heading. The fishery
is scheduled to reopen on January 1, 2020. This rule does not apply to
the longline fisheries of American Samoa, Guam, or the Northern Mariana
Islands, collectively ``the territories,'' as described below.
During the closure, a U.S. fishing vessel may not retain on board,
transship, or land bigeye tuna caught by longline gear in the
Convention Area, 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 August 10, 2019.
During the effective period of the restrictions, longline-caught
bigeye tuna may be retained on board, transshipped, and landed if
either of these conditions is met:
(1) The fish are caught by a vessel with a valid American Samoa
longline permit; or
(2) The fish are landed in the territories.
In either case, the following conditions must be met:
(1) The fish are not caught in the U.S. Exclusive Economic Zone
(EEZ) around Hawaii;
(2) Other applicable laws and regulations are followed; and
(3) The vessel has a valid permit issued under 50 CFR 660.707 or
665.801.
Bigeye tuna caught by longline gear during the closure may also be
retained on board, transshipped, and/or landed if they are caught by a
vessel that is included in a valid specified fishing agreement under 50
CFR 665.819(c), in accordance with 50 CFR 300.224(f)(1)(iv). Bigeye
tuna caught under a specified fishing agreement shall be attributed to
the territory that is party to that agreement.
During the closure, a U.S. vessel is also prohibited from
transshipping bigeye tuna caught in the Convention Area 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.
The catch limit and this closure do not apply to bigeye tuna caught
by longline gear outside the Convention Area, such as in the eastern
Pacific Ocean. To ensure compliance with the restrictions related to
bigeye tuna caught by longline gear in the Convention Area, however,
the following requirements apply during the closure period (see 50 CFR
300.224):
(1) Longline fishing both inside and outside the Convention Area is
not allowed during the same fishing trip. An exception would be a
fishing trip that is in progress on July 27, 2019. In that case, the
catch of bigeye tuna must be landed by August 10, 2019; and
(2) If a longline vessel fishes outside the Convention Area and the
vessel then enters the Convention Area during the same fishing trip,
the fishing gear must be stowed and not readily available for fishing
in the Convention Area. Specifically, hooks, branch lines, and floats
must be stowed and the mainline hauler must be covered.
The above two additional prohibitions do not apply to vessels
operating in the longline fisheries of the territories. This includes
vessels included in a valid specified fishing agreement under 50 CFR
665.819(c), in accordance with 50 CFR 300.224(f)(1)(iv). This group
also includes vessels with valid American Samoa longline permits and
vessels landing bigeye tuna in one of the territories, as long as the
bigeye tuna were not caught in the EEZ around Hawaii, the fishing was
compliant with all applicable laws, and the vessel has a valid permit
issued under 50 CFR 660.707 or 665.801.
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 unnecessary and contrary to the public interest. This rule closes
the U.S. longline fishery for bigeye tuna in the Convention Area as a
result of reaching the applicable bigeye tuna catch limit. The limit
was established after opportunity for public comment (83 FR 33851, July
18, 2018), and is codified in Federal regulations based on agreed
limits established by the Western and Central Pacific Fisheries
Commission. 50 CFR 300.224(e) notifies the public that fishing
prohibitions will be placed in effect when the limit is reached. NMFS
forecasts that the fishery will reach the 2019 limit by July 27, 2019.
Longline 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 2019 catch and progress of the fishery in
reaching the Convention Area limit via the NMFS website, social media,
and other means. This constitutes adequate advance notice of this
fishery closure. Additionally, the publication timing of this rule
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.
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 as soon as possible to
ensure that fishery does not exceed the catch limit. NMFS implemented
the catch limit to satisfy the obligations of the United States under
the Convention on the Conservation and Management of Highly Migratory
Fish stocks in the Western and Central Pacific Ocean, to which it is a
contracting party. Failure to close the fishery immediately would
result in violation of regulations that implement WCPFC decisions.
This action is required by 50 CFR 300.224 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 6901 et seq.
Dated: July 19, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-15722 Filed 7-19-19; 4:15 pm]
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