[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Rules and Regulations]
[Pages 57827-57828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23526]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 190325272-9537-02]
RIN 0648-XG925
Pacific Island Pelagic Fisheries; 2019 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.
-----------------------------------------------------------------------
SUMMARY: NMFS is closing the U.S. pelagic longline fishery for bigeye
tuna in the western and central Pacific Ocean (WCPO) because the
fishery will reach the 2019 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 November 4, 2019, through
December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIRO Sustainable
Fisheries, 808-725-5176.
SUPPLEMENTARY INFORMATION: On July 17, 2019, NMFS specified a 2019
catch limit of 2,000 t of longline-caught bigeye tuna for the U.S.
territories of American Samoa, Guam and the CNMI (84 FR 34321, July 18,
2019). NMFS also authorized each territory to allocate up to 1,000 t of
its 2,000 t 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). The limit is effective from
July 17, 2019, through December 31, 2019.
On July 18, 2019, the Western Pacific Fishery Management Council
(Council), through its Executive Director, transmitted to NMFS a
specified fishing agreement between the CNMI and the Hawaii Longline
Association (HLA) dated June 13, 2019. 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 (84 FR 37592, August 1,
2019). 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)(i),
NMFS began attributing bigeye tuna caught in the WCPO by vessels
identified in the CNMI/HLA agreement to the CNMI, beginning on July 20,
2019. NMFS monitored catches of longline-caught bigeye tuna by the CNMI
longline fishery, including catches made by U.S. longline vessels
operating under the CNMI/HLA agreement. Based on this monitoring, NMFS
forecasted that the CNMI territorial allocation limit of 1,000 t will
be reached by November 4, 2019, and is, as an accountability measure,
prohibiting the catch and retention of longline-caught bigeye tuna by
vessels in the CNMI/HLA agreement.
Notice of Closure and Temporary Rule
Effective 12:01 a.m. local time November 4, 2019, through December
31, 2019, NMFS closes the U.S. pelagic longline fishery for bigeye tuna
in the WCPO as a result of the fishery reaching the 2019 allocation
limit of 1,000 t for the CNMI.
During the closure, a U.S. fishing vessel operating under the CNMI/
HLA 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
[[Page 57828]]
days of the start of the closure; that is, by November 18, 2019.
Additionally, U.S. fishing vessels operating under the CNMI/HLA
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.
However, any vessel included in the CNMI/HLA agreement that is
included in a valid specified fishing agreement with another U.S.
territory, 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 November 4, 2019,
that vessel would not need to return to port before November 18, 2019.
NMFS would announce any subsequent valid specified fishing agreement in
the Federal Register.
Additionally, during the effective period of the restrictions,
longline-caught bigeye tuna may be retained on board, transshipped, and
landed if the fish are caught by a vessel with a valid American Samoa
longline permit; or if the fish are landed in the U.S. territories. In
these cases, the following conditions must be met:
(1) The fish is 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.
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 2019 specification for catch and allocation limits of bigeye tuna
for the CNMI, and the specified fishing agreement between the
Government of the CNMI and HLA dated, June 13, 2019.
NMFS forecasted that the fishery would reach the 2019 CNMI
allocation limit by November 4, 2019. Fishermen have been subject to
longline bigeye tuna limits in the WCPO since 2009. They have received
ongoing, updated information about the 2019 catch and progress of the
fishery in reaching the U.S. bigeye tuna limit via the NMFS website,
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
sustainably manage the bigeye tuna stock. Failure to close the fishery
before the limit is reached would be inconsistent with bigeye tuna
management objectives 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: October 23, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-23526 Filed 10-28-19; 8:45 am]
BILLING CODE 3510-22-P