[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Rules and Regulations]
[Pages 41562-41563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18577]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170223197-7311-01]
RIN 0648-XF605


International Fisheries; Pacific Tuna Fisheries; 2017 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; closure.

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SUMMARY: NMFS is temporarily 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, 2017, because the 2017 
catch limit of 500 metric tons is expected to be reached. 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-17-01 (Conservation of Tuna in the Eastern 
Pacific Ocean during 2017).

DATES: The rule is effective 12:00 a.m. local time September 8, 2017, 
through 11:59 p.m. local time December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Taylor Debevec, NMFS West Coast 
Region, 562-980-4066.

SUPPLEMENTARY INFORMATION: 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). 
The Convention provides 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, as amended by the Antigua Convention, includes the waters of the 
EPO bounded by the coast of the Americas, the 50[deg] N. and 50[deg] S. 
parallels, and the 150[deg] W. meridian.
    Pelagic longline fishing in the EPO is managed, in part, under the 
Tuna Conventions Act as amended (Act), 16 U.S.C. 951-962. Under the 
Act, NMFS must publish regulations to carry out recommendations of the 
IATTC that have been approved by the Department of State (DOS). 
Regulations governing fishing by U.S. vessels in accordance with the 
Act appear at 50 CFR part 300, subpart C. These regulations implement 
IATTC recommendations for the conservation and management of highly 
migratory fish resources in the EPO.
    In 2017, the IATTC adopted Resolution C-17-01, which establishes an 
annual catch limit of bigeye tuna for longline vessels over 24 meters. 
For calendar year 2017, 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 (82 FR 17382, April 11, 
2017, and codified at 50 CFR 300.25).
    NMFS, through monitoring 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, 
has determined that the 2017 catch limit is expected to be reached by 
September 8, 2017. In accordance with 50 CFR 300.25(a), 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 September 8, 2017, through the end 
of the 2017

[[Page 41563]]

calendar year. The 2018 fishing year is scheduled to open on January 1, 
2018; the bigeye tuna catch limit for longline vessels over 24 meters 
in overall length has yet to be established through domestic 
rulemaking, though, the IATTC agreed to a U.S. limit of 750 mt in a new 
resolution (C-17-02) at the 92nd Meeting in July 2017.
    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 on 
September 8, 2017, may be retained on board, transshipped, and/or 
landed, to the extent authorized by applicable laws and regulations, 
provided all bigeye tuna are landed within 14 days after the effective 
date of this rule, that is, no later than September 22, 2017.
    <bullet> The 14-day limit is waived in the case of a U.S. fishing 
vessel that has already declared to NMFS, pursuant to 50 CFR 
665.803(a), that the current trip type is shallow-setting. However, the 
number of bigeye tuna retained on board, transshipped, or landed must 
not exceed the number on board the vessel on September 22, 2017, as 
recorded by the NMFS observer on board the vessel.
    Other prohibitions during the closure include the following:
    <bullet> Bigeye tuna caught by a United States vessel over 24 
meters in overall length with longline gear 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.
    <bullet> A fishing vessel of the United States over 24 meters in 
overall length may not be used to fish in the Pacific Ocean using 
longline gear both inside and outside the Convention Area during the 
same fishing trip. The only exceptions are: a fishing trip during which 
the closure date was announced, and a trip for which a declaration has 
been made to NMFS, pursuant to 50 CFR 665.803(a), that the current trip 
is shallow-setting.
    <bullet> If a fishing vessel of the United States over 24 meters in 
overall length is used to fish in the Pacific Ocean using longline gear 
outside the Convention Area and the vessel enters the Convention Area 
at any time after September 8, 2017, on 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 or dropper lines, and floats used to buoy the mainline 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. This provision does not apply to trips in 
which vessels have made a declaration to NMFS, pursuant to 50 CFR 
665.803(a), that the trip type is shallow-setting.

Classification

    NMFS has determined 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 
2017 bigeye tuna catch limit applicable to longline vessels over 24 
meters 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. For the same reasons, NMFS has also 
determined there is good cause to waive the requirement for a 30-day 
delay in effectiveness under 5 U.S.C. 553(d)(3).
    This action is required by Sec.  300.25(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: August 29, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-18577 Filed 8-29-17; 4:15 pm]
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