[Federal Register Volume 79, Number 206 (Friday, October 24, 2014)]
[Rules and Regulations]
[Pages 63562-63563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25293]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 130717632-4285-02]
RIN 0648-XD504


International Fisheries; Pacific Tuna Fisheries; 2014 Bigeye Tuna 
Longline Fishery Closure in the Eastern Pacific Ocean

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

ACTION: Temporary rule; fishery closure.

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SUMMARY: Because the 2014 catch limit of 500 metric tons is expected to 
be reached, NMFS is closing the U.S. pelagic longline fishery for 
bigeye tuna for vessels over 24 meters in overall length in the eastern 
Pacific Ocean (EPO) through December 31, 2014. This action is necessary 
to prevent the fishery from exceeding the applicable catch limit 
established by the Inter-American Tropical Tuna Commission (IATTC) in 
Resolution C-13-01, which governs tuna conservation in the EPO from 
2014-2016.

DATES: Effective October 31, 2014, through December 31, 2014.

FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS West Coast 
Region, 562-980-4036.

SUPPLEMENTARY INFORMATION: Pelagic longline fishing in the EPO is 
managed, in part, under the Tuna Conventions Act of 1950 (Act), 16 
U.S.C. 951-962. Under the Act, NMFS must publish regulations to carry 
out recommendations of the Inter-American Tropical Tuna Commission 
(IATTC) that have been approved by the Department of State (DOS). The 
United States is a member of the IATTC, which was established under the 
Convention for the Establishment of an Inter-American Tropical Tuna 
Commission signed in 1949 (Convention) to provide an international 
agreement to ensure the effective international conservation and 
management of highly migratory species of fish in the IATTC Convention 
Area.
    The IATTC Convention Area includes the waters of the eastern 
Pacific Ocean (EPO) bounded by the coast of the Americas, the 50[deg] 
N. and 50[deg] S. parallels, and the 150[deg] W. meridian. Regulations 
governing fishing by U.S. vessels in accordance with the Act appear at 
50 CFR part 300, subpart C. Those regulations implement recommendations 
of the IATTC for the

[[Page 63563]]

conservation and management of highly migratory fish resources in the 
EPO.
    The IATTC adopted Resolution C-13-01, which establishes an annual 
catch limit of bigeye tuna for large U.S. longline vessels. For 
calendar years 2014, 2015, and 2016, the catch of bigeye tuna by 
longline gear in the IATTC Convention Area by fishing vessels of the 
United States that are over 24 meters in overall length is limited to 
500 metric tons per year. With the approval of the DOS, NMFS 
implemented this catch limit by notice-and-comment rulemaking under the 
Act (79 FR 19487, April 9, 2014, and codified at 50 CFR 300.25).
    NMFS monitored the retained catches of bigeye tuna using logbook 
data submitted by vessel captains and other available information from 
the longline fisheries in the IATTC Convention Area, and determined 
that the 2014 catch limit is expected to be reached on October 31, 
2014. In accordance with 50 CFR 300.25(b), this Federal Register notice 
announces that the U.S. longline fishery for bigeye tuna in the IATTC 
Convention Area will be closed for vessels over 24 meters in overall 
length starting on October 31, 2014, through the end of the 2014 
calendar year. The 2015 fishing year is scheduled to open on January 1, 
2015. The bigeye tuna catch limit for longline vessels over 24 meters 
in overall length for 2015 will be 500 metric tons.
    During the closure, a U.S. fishing vessel over 24 meters in overall 
length may not be used to retain on board, transship, or land bigeye 
tuna captured by longline gear in the IATTC Convention Area, except as 
follows:
    <bullet> Any bigeye tuna already on board a fishing vessel upon the 
effective date of the prohibitions may be retained on board, 
transshipped, and/or landed, to the extent authorized by applicable 
laws and regulations, provided that they are landed within 14 days 
after the prohibitions become effective, that is, by November 14, 2014.
    <bullet> In the case of a vessel that has declared to NMFS that the 
current trip type is shallow-set longlining, the 14-day limit is 
waived, but the number of bigeye tuna retained on board, transshipped, 
or landed must not exceed the number on board the vessel upon the 
effective date of the prohibitions, as recorded by the NMFS observer on 
board the vessel.
    <bullet> Bigeye tuna caught by longline gear used on a vessel of 
the United States over 24 meters in the IATTC Convention Area may not 
be transshipped to a fishing vessel unless that fishing vessel is 
operated in compliance with a valid permit issued under 50 CFR 660.707 
or 665.801 (the rule implementing Resolution C-13-1 incorrectly cited 
Sec.  665.21, which has been re-codified as Sec.  665.801).
    <bullet> A fishing vessel of the United States over 24 meters, 
other than a vessel for which a declaration has been made to NMFS that 
the current trip is shallow-setting, may not be used to fish in the 
Pacific Ocean using longline gear both inside and outside the IATTC 
Convention Area during the same fishing trip, with the exception of a 
fishing trip during which the prohibitions were put into effect.
    <bullet> If a vessel over 24 meters that is not on a declared 
shallow-set trip is used to fish in the Pacific Ocean using longline 
gear outside the IATTC Convention Area and the vessel enters the IATTC 
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. Specifically, the hooks, branch lines, 
and floats must be stowed and not available for immediate use, and any 
power-operated mainline hauler on deck must be covered in such a manner 
that it is not readily available for use.

Classification

    There is good cause to waive prior notice and opportunity for 
public comment pursuant to 5 U.S.C. 553(b)(B). This action is based on 
the best available information and is necessary for the conservation 
and management of bigeye tuna. Compliance with the notice and comment 
requirement would be impracticable and contrary to the public interest 
because NMFS would be unable to ensure that the 2014 bigeye tuna catch 
limit applicable to large longline vessels is not exceeded. The annual 
catch limit is an important mechanism to ensure that the United States 
complies with its international obligations in preventing overfishing 
and managing the fishery at optimum yield. Moreover, NMFS previously 
solicited public comments on the rule that established the catch limit 
(79 FR 19487, April 9, 2014), including a provision for issuing a 
notice to close the fishery, if necessary, to prevent exceeding the 
catch limit. For the same reasons, there is good cause to establish an 
effective date less than 30 days after date of publication of this 
notice.
    This action is required by Sec.  300.25(b) and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 951-962 et seq.

    Dated: October 15, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-25293 Filed 10-21-14; 4:15 pm]
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