[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68057-68058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26902]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180209155-8589-02; RTID 0648-XP005]


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Limited Reopening of the 2019 U.S. 
Pelagic Longline Fishery for Bigeye Tuna in the Western and Central 
Pacific Ocean

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

ACTION: Temporary rule; fishery reopening; fishery closure; request for 
comments.

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SUMMARY: NMFS is temporarily reopening the 2019 U.S. pelagic longline 
fishery for bigeye tuna in the western and central Pacific Ocean (WCPO) 
for five days because the fishery did not catch the entire 3,554 metric 
ton (t) limit. This action is intended to allow the fishery to access 
the remainder of the available limit.

DATES: The U.S. longline fishery for bigeye tuna reopens at 12:01 a.m. 
local time on December 23, 2019, until 11:59 p.m. local time on 
December 27, 2019. NMFS must receive comments by January 13, 2020.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries, 
NMFS Pacific Islands Regional Office, 808-725-5176.

SUPPLEMENTARY INFORMATION: Pursuant to regulations implemented under 
the Western and Central Pacific Fisheries Convention Implementation 
Act, 16 U.S.C. 6901 et seq., NMFS established an annual limit of 3,554 
t of bigeye tuna for U.S. longline vessels fishing in the Convention 
Area (83 FR 33851, July 18, 2018, codified at 50 CFR 300.224). The 
limit applies only to U.S. vessels, but does not apply to U.S. vessels 
operating as part of the longline fisheries of American Samoa, Guam, or 
the Commonwealth of the Northern Mariana Islands (CNMI). 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.
    NMFS monitored catches of longline-caught bigeye tuna using logbook 
data submitted by vessel captains and other available information, and 
determined that the 3,554 t catch limit for 2019 would be reached by 
July 27, 2019. In accordance with 50 CFR 300.224(e), NMFS closed the 
U.S. longline fishery for bigeye tuna in the Convention Area through a 
temporary rule effective on July 27, 2019 through December 31, 2019 (84 
FR 35568; July 24, 2019). The closure does not apply to vessels 
operating as part of the longline fisheries of American Samoa, Guam, or 
the CNMI, including vessels identified in a valid specified fishing 
agreement under 50 CFR 665.819(c), in accordance with 50 CFR 
300.224(f)(1)(iv).
    NMFS also specified a 2019 limit of 2,000 t of longline-caught 
bigeye tuna for each of the U.S. territories (American Samoa, Guam, and 
the CNMI) (84 FR 34321, July 18, 2019). That rule allows each territory 
to allocate up to 1,000 t to U.S. longline vessels identified in a 
valid specified fishing agreement.
    On August 1, 2019, NMFS announced a valid specified fishing 
agreement between the CNMI and the Hawaii Longline Association (HLA) 
(84 FR 37592). In accordance with procedures in 50 CFR 300.224(d) and 
50 CFR 665.819(c)(9), NMFS began attributing bigeye tuna caught by 
vessels identified in the CNMI/HLA agreement to the CNMI beginning on 
July 20, 2019. NMFS forecasted that the fishery would reach the CNMI 
allocation limit by November 4, 2019, and closed the fishery on that 
date (84 FR 57827, October 29, 2019).
    On October 28, 2019, NMFS announced a valid specified fishing 
agreement between American Samoa and HLA, and began attributing bigeye 
tuna caught by vessels identified in the agreement to American Samoa 
starting on that date (84 FR 57652). NMFS forecasts that the fishery 
will reach the American Samoa allocation limit by December 22, 2019, 
and will stop attributing on that date.
    Since NMFS closed the U.S. longline fishery in July 2019, NMFS has 
subsequently determined that the fishery caught and retained only 3,456 
t of the 3,554 t limit while it was open

[[Page 68058]]

from January through July 26, leaving 98 t available for catch and 
retention. Based on average bigeye tuna catch rates by the U.S. 
longline fishery in the month of December in calendar years 2012 to 
2018, we estimate that the fishery could catch 98 t in five calendar 
days. Accordingly, this rule reopens the fishery for five days, after 
which, the closure published on July 24, 2019 (84 FR 35568), will 
again, take effect through December 31, 2019.
    To prevent a disruption to the continuity of fishing operations, 
the reopening will begin the day after the date that NMFS stops 
attributing catch to American Samoa. All fishing under the remaining 98 
t limit must be done in accordance with the regulations at 50 CFR 
300.224 and any other applicable regulations.

Classification

    There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice 
and opportunity for public comment on this action. Compliance with the 
notice and comment requirement would be unnecessary and contrary to the 
public interest. Because the fishery closure on July 27, 2019 was based 
upon estimated landings, this action simply provides an opportunity to 
harvest unused catch that remains available in 2019. The action is a 
benefit to fishermen since they would not be able to access the fishery 
after December 22, 2019. Moreover, NMFS solicited and responded to 
public comments on the rule establishing the calendar year bigeye tuna 
catch limit of 3,554 t (83 FR 33851, July 18, 2018). Although this 
action is being implemented without the opportunity for prior notice 
and comment, NMFS is soliciting and will respond to public comments 
from those affected by or otherwise interested in this rule.
    Additionally, NMFS has determined that good cause exists to waive 
the 30-day delay in effectiveness of this rule because, under 5 U.S.C. 
553(d), this rule relieves a restriction on the regulated community, 
and requiring a 30-day delay would be contrary to the public interest. 
NMFS closed the U.S. longline fishery for bigeye tuna in the Convention 
Area through a temporary rule effective on July 27, 2019, through 
December 31, 2019. The closure does not apply to vessels operating 
identified in a valid specified fishing agreement under 50 CFR 
665.819(c), in accordance with 50 CFR 300.224(f)(1)(iv).
    Currently, vessels in the U.S. longline fishery are operating under 
a valid specified fishing agreement between American Samoa and HLA, 
which allocates 1,000 t of bigeye tuna to vessel identified in the 
agreement. NMFS forecasts that the fishery will reach the American 
Samoa allocation limit by December 22, 2019, and will stop attributing 
bigeye tuna to American Samoa on that date. If the effectiveness of 
this rule is delayed, the fishery would once again, be subject to the 
July 27, 2019 closure through December 31, 2019, and would be unable to 
access the remainder of the available 2019 bigeye tuna limit. Because 
this rule relives a restriction by temporarily reopening the fishery 
for bigeye tuna, it is not subject to the 30-day delayed effectiveness 
pursuant to 5 U.S.C. 553(d)(1).
    This action is taken under 50 CFR 300.224(e) and is exempt from 
review under Executive Order 12866.

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

    Dated: December 10, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-26902 Filed 12-12-19; 8:45 am]
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