International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Bigeye Tuna Catch Limits in Longline Fisheries for 2017, 36341-36344 [2017-16456]

Download as PDF 36341 Federal Register / Vol. 82, No. 149 / Friday, August 4, 2017 / Rules and Regulations Dated: June 22, 2017. Michael L. Goodis, Director, Registration Division, Office of Pesticide Programs. Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.920, add alphabetically the entry ‘‘Beta Cyclodextrin, Methyl Ethers’’ to the table to read as follows: ■ Therefore, 40 CFR chapter I is amended as follows: § 180.920 Inert ingredients used preharvest; exemptions from the requirement of a tolerance. PART 180—[AMENDED] * 1. The authority citation for part 180 continues to read as follows: ■ Inert ingredients * * * [FR Doc. 2017–16373 Filed 8–3–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 170329334–7665–01] RIN 0648–BG78 International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Bigeye Tuna Catch Limits in Longline Fisheries for 2017 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Interim rule; request for comments. AGENCY: NMFS issues regulations under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) to modify a limit on the amount of bigeye tuna (Thunnus obesus) that may be captured by U.S. longline vessels in the western and central Pacific Ocean (WCPO), to 3,138 metric tons (mt) for calendar year 2017. The limit does not apply to vessels in the longline fisheries of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands (CNMI). Once the limit of 3,138 mt is reached in 2017, retaining, transshipping, or landing bigeye tuna caught in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), which comprises the majority of the WCPO, will be SUMMARY: VerDate Sep<11>2014 13:21 Aug 03, 2017 Jkt 241001 * Limits * PO 00000 Frm 00023 Fmt 4700 * Stabilizer and solvent. * prohibited for the remainder of the calendar year, with certain exceptions. This action is necessary for the United States to satisfy its obligations under the Convention, to which it is a Contracting Party. DATES: Effective on August 4, 2017. Comments must be submitted in writing by September 5, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2017–0085, and the regulatory impact review (RIR) prepared for the interim rule, by either of the following methods: • Electronic submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. 1. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20170085, 2. Click the ‘‘Comment Now!’’ icon, complete the required fields, and 3. Enter or attach your comments. - OR • Mail: Submit written comments to Michael D. Tosatto, Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd., Building 176, Honolulu, HI 96818. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, might not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name and address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Sfmt 4700 * Uses * * * * * Beta Cyclodextrin, Methyl Ethers (CAS Reg. No. 128446–36–6) ......... 40% by weight ............................... * * * * * Copies of the RIR, and the programmatic environmental assessment and supplemental information report prepared for National Environmental Policy Act purposes are available at www.regulations.gov or may be obtained from Michael D. Tosatto, Regional Administrator, NMFS PIRO (see address above) FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808–725–5033. SUPPLEMENTARY INFORMATION: Background on the Convention A map showing the boundaries of the area of application of the Convention (Convention Area), which comprises the majority of the WCPO, can be found on the WCPFC Web site at: www.wcpfc.int/ doc/convention-area-map. The Convention focuses on the conservation and management of highly migratory species (HMS) and the management of fisheries for HMS. The objective of the Convention is to ensure, through effective management, the long-term conservation and sustainable use of HMS in the WCPO. To accomplish this objective, the Convention established the Commission on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission or WCPFC). The Commission includes Members, Cooperating Non-members, and Participating Territories (hereafter, collectively ‘‘Members’’). The United States is a Member. American Samoa, Guam, and the CNMI are Participating Territories. As a Contracting Party to the Convention and a Member of the Commission, the United States is obligated to implement the decisions of the Commission. The WCPFC Implementation Act (16 U.S.C. 6901 et seq.) authorizes the Secretary of Commerce, in consultation with the E:\FR\FM\04AUR1.SGM 04AUR1 36342 Federal Register / Vol. 82, No. 149 / Friday, August 4, 2017 / Rules and Regulations Secretary of State and the Secretary of the Department in which the United States Coast Guard is operating (currently the Department of Homeland Security), to promulgate such regulations as may be necessary to carry out the obligations of the United States under the Convention, including implementation of the decisions of the Commission. The WCPFC Implementation Act further provides that the Secretary of Commerce shall ensure consistency, to the extent practicable, of fishery management programs administered under the WCPFC Implementation Act and the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16 U.S.C. 1801 et seq.), as well as other specific laws (see 16 U.S.C. 6905(b)). The Secretary of Commerce has delegated the authority to promulgate regulations under the WCPFC Implementation Act to NMFS. WCPFC Decision on Tropical Tunas At its Thirteenth Regular Session, in December 2016, the WCPFC adopted Conservation and Management Measure (CMM) 2016–01, ‘‘Conservation and Management Measure for Bigeye, Yellowfin and Skipjack Tuna in the Western and Central Pacific Ocean.’’ CMM 2016–01 is the most recent in a series of CMMs for the management of tropical tuna stocks under the purview of the Commission. CMM 2016–01 maintains the provisions of its predecessor, CMM 2015–01. These and other CMMs are available at: www.wcpfc.int/conservation-andmanagement-measures. The stated general objective of CMM 2016–01 and several of its predecessor CMMs is to ensure that the stocks of bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna (Katsuwonus pelamis) in the WCPO are, at a minimum, maintained at levels capable of producing their maximum sustainable yield as qualified by relevant environmental and economic factors. The CMM includes specific objectives for each of the three stocks: For each, the fishing mortality rate is to be reduced to or maintained at levels no greater than the fishing mortality rate associated with maximum sustainable yield. CMM 2016–01 went into effect February 2017, and is generally applicable for 2017. The CMM includes provisions for purse seine vessels, longline vessels, and other types of vessels that fish for HMS. The CMM’s provisions for longline vessels include catch limits for bigeye tuna and a VerDate Sep<11>2014 13:21 Aug 03, 2017 Jkt 241001 general provision not to increase catches of yellowfin tuna. bigeye tuna that are caught by longline gear and retained on board the vessel. The Action Announcement of the Limit Being Reached As set forth under the existing regulations at 50 CFR 300.224(e), if NMFS determines that the limit is expected to be reached in 2017, NMFS will publish a notice in the Federal Register to announce specific fishing restrictions that will be effective from the date the limit is expected to be reached until the end of the 2017 calendar year. NMFS will publish the notice of the restrictions at least 7 calendar days before the effective date to provide vessel owners and operators with advance notice. Periodic forecasts of the date the limit is expected to be reached will be made available to the public, such as by posting on a Web site, to help vessel owners and operators plan for the possibility of the limit being reached. In 2016, NMFS established catch limits for bigeye tuna that may be captured in the Convention Area by longline gear and retained on board by fishing vessels of the United States for calendar years 2016 and 2017, putting into place provisions of CMM 2015–01, the predecessor to CMM 2016–01 (81 FR 41239). The limit for 2016 was set at 3,554 mt and the limit for 2017 was set at 3,345 mt. (Id.). As in CMM 2015–01, under paragraphs 40–42 of CMM 2016– 01, Commission members are to limit catches by their longline vessels of bigeye tuna in the Convention Area to specified levels in 2017. Under CMM 2016–01, the applicable limit for the United States in 2017 continues to be 3,345 mt. In addition, paragraph 40 of CMM 2016–01 reiterates the provision of CMM 2015–01 that states that any catch overage in a given year shall be deducted from the catch limit for the following year. The Commission has not adopted limits for the longline fisheries of any of the U.S. Participating Territories, American Samoa, Guam, and the CNMI. This interim rule is limited to implementing the 2017 calendar year longline bigeye tuna catch limit for U.S. fisheries in the Convention Area, as mandated under CMM 2016–01 which continues the relevant provisions adopted by CMM 2015–01. As stated above, the Commission-adopted limit for 2017 continues to be 3,345 mt less any overage of the limit applicable in 2016. The limit for 2016 was 3,554 mt (see 81 FR 41239). There was an overage of 207 mt in 2016, so the limit for 2017 is 3,138 mt. This interim rule adjusts the 2017 limit from the established 3,345 mt to 3,138 mt. The 2017 longline bigeye tuna catch limit will apply only to U.S.-flagged longline vessels operating as part of the U.S. longline fisheries. The limit will not apply to U.S. longline vessels operating as part of the longline fisheries of American Samoa, the CNMI, or Guam. Existing 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. Consistent with the basis for the limits prescribed in CMM 2016–01 and with regulations issued by NMFS to implement bigeye tuna catch limits in U.S. longline fisheries as described below, the catch limit is measured in terms of retained catches—that is, PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Restrictions After the Limit is Reached As set forth under the existing regulations at 50 CFR 300.224(f), if the limit is reached, the restrictions that will be in effect will include the following: 1. Retain on board, transship, or land bigeye tuna: Starting on the effective date of the restrictions and extending through December 31 of 2017, it will be prohibited to use a U.S. fishing vessel to retain on board, transship, or land bigeye tuna captured in the Convention Area by longline gear, except as follows: First, any bigeye tuna already on board a fishing vessel upon the effective date of the restrictions can be retained on board, transshipped, and/or landed, provided that they are landed within 14 days after the restrictions become effective. A vessel that had declared to NMFS pursuant to 50 CFR 665.803(a) that the current trip type is shallowsetting is not subject to this 14-day landing restriction, so these vessels will be able to land bigeye tuna more than 14 days after the restrictions become effective. Second, bigeye tuna captured by longline gear can be retained on board, transshipped, and/or landed if they are caught by a fishing vessel registered for use under a valid American Samoa Longline Limited Access Permit, or if they are landed in American Samoa, Guam, or the CNMI. However, the bigeye tuna must not be caught in the portion of the U.S. EEZ surrounding the Hawaiian Archipelago, and must be landed by a U.S. fishing vessel operated in compliance with a valid permit issued under 50 CFR 660.707 or 665.801. E:\FR\FM\04AUR1.SGM 04AUR1 Federal Register / Vol. 82, No. 149 / Friday, August 4, 2017 / Rules and Regulations Third, bigeye tuna captured by longline gear can be retained on board, transshipped, and/or landed if they are caught by a vessel that is included in a specified fishing agreement under 50 CFR 665.819(d), in accordance with 50 CFR 300.224(f)(iv). 2. Transshipment of bigeye tuna to certain vessels: Starting on the effective date of the restrictions and extending through December 31 of 2017, it will be prohibited to transship bigeye tuna caught in the Convention Area by longline gear to any vessel other than a U.S. fishing vessel operated in compliance with a valid permit issued under 50 CFR 660.707 or 665.801. 3. Fishing inside and outside the Convention Area: To help ensure compliance with the restrictions related to bigeye tuna caught by longline gear in the Convention Area, the interim rule establishes two additional, related prohibitions that are in effect starting on the effective date of the restrictions and extending through December 31 of 2017. First, vessels are prohibited from fishing with longline gear both inside and outside the Convention Area during the same fishing trip, with the exception of a fishing trip that is in progress at the time the announced restrictions go into effect. In that exceptional case, the vessel still must land any bigeye tuna taken in the Convention Area within 14 days of the effective date of the restrictions, as described above. Second, if a vessel is used to fish using longline gear outside the Convention Area and enters the 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 while the vessel is in the Convention Area. These two prohibitions do not apply to the following vessels: (1) Vessels on declared shallow-setting trips pursuant to 50 CFR 665.803(a); and (2) vessels operating for the purposes of this rule as part of the longline fisheries of American Samoa, Guam, or the CNMI. This second group includes vessels registered for use under valid American Samoa Longline Limited Access Permits and vessels landing their bigeye tuna catch in one of the three U.S. Participating Territories, so long as these vessels conduct fishing activities in accordance with the conditions described above, and vessels included in a specified fishing agreement under 50 CFR 665.819(d), in accordance with 50 CFR 300.224(f)(iv). Classification The Administrator, Pacific Islands Region, NMFS, has determined that this interim rule is consistent with the VerDate Sep<11>2014 13:21 Aug 03, 2017 Jkt 241001 WCPFC Implementation Act and other applicable laws. Administrative Procedure Act 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 prior notice and the opportunity for public comment would be contrary to the public interest. This rule adjusts a bigeye tuna catch limit for U.S. longline fisheries in the Convention Area for 2017. Data on the amount of the 2016 overage only recently became available, and NMFS must publish the revised limit for 2017 as soon as possible to ensure it is not exceeded and the United States complies with its international legal obligations with respect to CMM 2016– 01. Based on preliminary data available to date, NMFS expects that the applicable limit of 3,138 mt is likely to be reached in late summer of 2017. Delaying this rule to allow for advance notice and public comment increases the risk that more than 3,138 mt of bigeye tuna would be caught by U.S. longline fisheries operating in the WCPO, potentially constituting noncompliance by the United States with respect to the longline bigeye tuna catch limit provisions of CMM 2016–01 for calendar year 2017. Because a delay in implementing this limit for 2017 could result in the United States violating its international legal obligations to conserve tropical tuna stocks in the WCPO, allowing advance notice and the opportunity for public comment would be contrary to the public interest. Additionally, prior notice and opportunity for public comment is unnecessary because this rule only adjusts a previously established limit for 2017 (see 81 FR 24772 and 81 FR 41239). In the preambles to the proposed rule and the final rule that established the 2017 limit, NMFS provided notice that if there was an overage of the limit for 2016, NMFS would adjust the 2017 limit in accordance with the provisions of CMM 2015–01 and any other pertinent Commission decisions in force at that time. (Id.) Moreover, affected entities have been subject to longline bigeye tuna limits in the Convention Area since 2009, and the adjusted limit is similar to the limits implemented from 2009– 2016. The regulated entities have received information regarding NMFS’ estimates of the 2017 longline bigeye tuna catch in the Convention Area and the approximate date the catch limit may be reached via NMFS’ Web site and other means. NMFS will, however, take and consider public comments received on PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 36343 this interim final and, if appropriate, NMFS will issue a revised final rule in response to public comment. For the reasons articulated above, there is also good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date for this rule. As described above, NMFS must implement the longline bigeye tuna catch limit provisions of CMM 2016–01 for 2017 as soon as possible, in order to ensure that the catch limit is not exceeded. The catch limit is intended to reduce or otherwise control fishing pressure on bigeye tuna in the WCPO in order to restore this stock to levels capable of producing maximum sustainable yield on a continuing basis. According to the NMFS stock status determination criteria, bigeye tuna in the Pacific Ocean is currently experiencing overfishing. Failure to immediately implement the 2017 catch limit would result in additional fishing pressure on this stock, in violation of international and domestic legal obligations. Executive Order 12866 This interim rule has been determined to be not significant for purposes of Executive Order 12866. Regulatory Flexibility Act Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. Therefore, no regulatory flexibility analysis was required and none has been prepared. List of Subjects in 50 CFR Part 300 Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Reporting and recordkeeping requirements, Treaties. Dated: August 1, 2017. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 300 is amended as follows: PART 300—INTERNATIONAL FISHERIES REGULATIONS Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species 1. The authority citation for 50 CFR part 300, subpart O, continues to read as follows: ■ Authority: 16 U.S.C. 6901 et seq. 2. In § 300.224, paragraph (a)(2) is revised to read as follows: ■ E:\FR\FM\04AUR1.SGM 04AUR1 36344 § 300.224 Federal Register / Vol. 82, No. 149 / Friday, August 4, 2017 / Rules and Regulations Longline fishing restrictions. (a) * * * (2) During calendar year 2017 there is a limit of 3,138 metric tons of bigeye tuna that may be captured in the Convention Area by longline gear and retained on board by fishing vessels of the United States. * * * * * [FR Doc. 2017–16456 Filed 8–3–17; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 161103999–7615–02] RIN 0648–BG43 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources in the Gulf of Mexico and Atlantic Region; Framework Amendment 4 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues regulations to implement management measures described in Framework Amendment 4 to the Fishery Management Plan for the Coastal Migratory Pelagics Fishery of the Gulf of Mexico and Atlantic Region (FMP) as prepared and submitted by the South Atlantic Fishery Management Council (Council). For the recreational sector, this final rule establishes bag and vessel limits, and revises the minimum size limit and accountability measures (AMs) for Atlantic migratory group cobia (Atlantic cobia). This final rule also establishes a commercial trip limit for Atlantic cobia. Framework Amendment 4 and this final rule apply to the commercial and recreational harvest of Atlantic cobia in the exclusive economic zone (EEZ) from Georgia through New York. The purpose of Framework Amendment 4 and this final rule is to slow the rate of harvest of Atlantic cobia and reduce the likelihood that landings will exceed the commercial and recreational annual catch limits (ACL), thereby triggering the AMs and reducing harvest opportunities. DATES: This final rule is effective September 5, 2017. ADDRESSES: Electronic copies of Framework Amendment 4 may be obtained from the Southeast Regional SUMMARY: VerDate Sep<11>2014 13:21 Aug 03, 2017 Jkt 241001 Office Web site at https:// sero.nmfs.noaa.gov/sustainable_ fisheries/gulf_sa/cmp/2016/framework_ am4/. Framework Amendment 4 includes an environmental assessment, a Regulatory Flexibility Act (RFA) analysis, and a regulatory impact review. FOR FURTHER INFORMATION CONTACT: Karla Gore, Southeast Regional Office, NMFS, telephone: 727–551–5753, or email: karla.gore@noaa.gov. SUPPLEMENTARY INFORMATION: The coastal migratory pelagic fishery of the Gulf and Atlantic Regions is managed under the FMP and includes the management of the Gulf and Atlantic migratory groups of king mackerel, Spanish mackerel, and cobia. The FMP was prepared by the Council and is implemented through regulations at 50 CFR part 622 under authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On February 21, 2017, NMFS published a proposed rule to implement Framework Amendment 4 and requested public comment (82 FR 11166). The AM for the recreational sector requires that if the recreational annual catch limit (ACL) is exceeded, and the stock ACL (recreational ACL plus commercial ACL) is exceeded, the recreational AM is triggered. To determine whether an ACL was exceeded, the FMP requires that a 3-year average of landings be compared to the ACL unless an ACL changed, in which case the sequence of future ACLs begins again starting with a single year of landings compared to the ACL for that year, followed by 2-year average landings compared to the ACL in the next year, followed by a 3-year average of landings ACL for the third year and thereafter. Because Amendment 20B to the FMP changed the Atlantic cobia ACLs beginning in 2015 (80 FR 4216, January 27, 2015), NMFS could only use the 2015 landings to determine whether the recreational and stock ACLs were exceeded such that the AM was triggered for the 2016 fishing year. In 2015, recreational landings for Atlantic cobia exceeded the 2015 recreational ACL and the stock ACL, and the recreational AM required that the 2016 recreational season for Atlantic cobia in Federal waters close on June 20, 2016 (81 FR 12601, March 10, 2016). For the 2017 fishing year, the FMP required recreational landings to be averaged for the 2015 and 2016 fishing years, and the average of those landings exceeded the 2016 recreational ACL and the 2016 stock ACL. Therefore, the PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 recreational AM was triggered, requiring that the 2017 recreational season for Atlantic cobia in Federal waters again close early in the fishing year on January 24, 2017 (82 FR 8363, January 25, 2017). These recreational closures likely had negative social and economic impacts on the recreational sector, including recreational anglers, charter vessels and headboat (for-hire) businesses. The following actions in Framework Amendment 4 and this final rule are intended to slow the rate of harvest of Atlantic cobia and reduce the likelihood that sector landings will exceed the sector and stock ACLs, thereby triggering the AMs and reducing harvest opportunities. The goal is to also provide equitable access for all participants in the Atlantic cobia component of the coastal migratory pelagics fishery. Management Measures Contained in This Final Rule For the recreational sector, this final rule establishes bag and vessel limits, and revises the minimum size limit and AMs for Atlantic cobia. This final rule also establishes a commercial trip limit for Atlantic cobia. As a result of the recreational bag and possession limits and the commercial trip limit, Atlantic migratory cobia will no longer be subject to the two fish per person per day possession limit for limited harvest species. Recreational Minimum Size Limit The current minimum size limit for the recreational harvest of Atlantic cobia in the EEZ is 33 inches (83.8 cm), fork length. This final rule increases the recreational minimum size limit for the Atlantic cobia recreational sector to 36 inches (91.4 cm), fork length. This modification will result in a recreational harvest reduction in the Atlantic, that in combination with the recreational bag and vessel limits, is expected to slow the rate of recreational harvest and thereby reduce the likelihood of exceeding the recreational and stock ACLs and thereby triggering the AM. Recreational Bag and Vessel Limits Atlantic cobia is currently a limited harvest species with a possession limit of two cobia per person per day for both the commercial and recreational sectors. This final rule would remove Atlantic cobia from the limited harvest species possession limit and would establish a recreational bag limit of one fish per person per day or six fish per vessel, whichever is more restrictive. E:\FR\FM\04AUR1.SGM 04AUR1

Agencies

[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Rules and Regulations]
[Pages 36341-36344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16456]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170329334-7665-01]
RIN 0648-BG78

International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Bigeye Tuna Catch Limits in Longline
Fisheries for 2017

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

ACTION: Interim rule; request for comments.

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SUMMARY: NMFS issues regulations under authority of the Western and
Central Pacific Fisheries Convention Implementation Act (WCPFC
Implementation Act) to modify a limit on the amount of bigeye tuna
(Thunnus obesus) that may be captured by U.S. longline vessels in the
western and central Pacific Ocean (WCPO), to 3,138 metric tons (mt) for
calendar year 2017. The limit does not apply to vessels in the longline
fisheries of American Samoa, Guam, or the Commonwealth of the Northern
Mariana Islands (CNMI). Once the limit of 3,138 mt is reached in 2017,
retaining, transshipping, or landing bigeye tuna caught in the area of
application of the Convention on the Conservation and Management of
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean
(Convention), which comprises the majority of the WCPO, will be
prohibited for the remainder of the calendar year, with certain
exceptions. This action is necessary for the United States to satisfy
its obligations under the Convention, to which it is a Contracting
Party.

DATES: Effective on August 4, 2017. Comments must be submitted in
writing by September 5, 2017.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0085, and the regulatory impact review (RIR) prepared
for the interim rule, by either of the following methods:
Electronic submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0085,
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.

- OR -

Mail: Submit written comments to Michael D. Tosatto,
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO),
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
might not be considered by NMFS. All comments received are a part of
the public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name and address), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the RIR, and the programmatic environmental assessment
and supplemental information report prepared for National Environmental
Policy Act purposes are available at www.regulations.gov or may be
obtained from Michael D. Tosatto, Regional Administrator, NMFS PIRO
(see address above)

FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808-725-5033.

SUPPLEMENTARY INFORMATION:

Background on the Convention

A map showing the boundaries of the area of application of the
Convention (Convention Area), which comprises the majority of the WCPO,
can be found on the WCPFC Web site at: www.wcpfc.int/doc/convention-area-map. The Convention focuses on the conservation and management of
highly migratory species (HMS) and the management of fisheries for HMS.
The objective of the Convention is to ensure, through effective
management, the long-term conservation and sustainable use of HMS in
the WCPO. To accomplish this objective, the Convention established the
Commission on the Conservation and Management of Highly Migratory Fish
Stocks in the Western and Central Pacific Ocean (Commission or WCPFC).
The Commission includes Members, Cooperating Non-members, and
Participating Territories (hereafter, collectively ``Members''). The
United States is a Member. American Samoa, Guam, and the CNMI are
Participating Territories.
As a Contracting Party to the Convention and a Member of the
Commission, the United States is obligated to implement the decisions
of the Commission. The WCPFC Implementation Act (16 U.S.C. 6901 et
seq.) authorizes the Secretary of Commerce, in consultation with the

[[Page 36342]]

Secretary of State and the Secretary of the Department in which the
United States Coast Guard is operating (currently the Department of
Homeland Security), to promulgate such regulations as may be necessary
to carry out the obligations of the United States under the Convention,
including implementation of the decisions of the Commission. The WCPFC
Implementation Act further provides that the Secretary of Commerce
shall ensure consistency, to the extent practicable, of fishery
management programs administered under the WCPFC Implementation Act and
the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16
U.S.C. 1801 et seq.), as well as other specific laws (see 16 U.S.C.
6905(b)). The Secretary of Commerce has delegated the authority to
promulgate regulations under the WCPFC Implementation Act to NMFS.

WCPFC Decision on Tropical Tunas

At its Thirteenth Regular Session, in December 2016, the WCPFC
adopted Conservation and Management Measure (CMM) 2016-01,
``Conservation and Management Measure for Bigeye, Yellowfin and
Skipjack Tuna in the Western and Central Pacific Ocean.'' CMM 2016-01
is the most recent in a series of CMMs for the management of tropical
tuna stocks under the purview of the Commission. CMM 2016-01 maintains
the provisions of its predecessor, CMM 2015-01. These and other CMMs
are available at: www.wcpfc.int/conservation-and-management-measures.
The stated general objective of CMM 2016-01 and several of its
predecessor CMMs is to ensure that the stocks of bigeye tuna (Thunnus
obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna
(Katsuwonus pelamis) in the WCPO are, at a minimum, maintained at
levels capable of producing their maximum sustainable yield as
qualified by relevant environmental and economic factors. The CMM
includes specific objectives for each of the three stocks: For each,
the fishing mortality rate is to be reduced to or maintained at levels
no greater than the fishing mortality rate associated with maximum
sustainable yield.
CMM 2016-01 went into effect February 2017, and is generally
applicable for 2017. The CMM includes provisions for purse seine
vessels, longline vessels, and other types of vessels that fish for
HMS. The CMM's provisions for longline vessels include catch limits for
bigeye tuna and a general provision not to increase catches of
yellowfin tuna.

The Action

In 2016, NMFS established catch limits for bigeye tuna that may be
captured in the Convention Area by longline gear and retained on board
by fishing vessels of the United States for calendar years 2016 and
2017, putting into place provisions of CMM 2015-01, the predecessor to
CMM 2016-01 (81 FR 41239). The limit for 2016 was set at 3,554 mt and
the limit for 2017 was set at 3,345 mt. (Id.). As in CMM 2015-01, under
paragraphs 40-42 of CMM 2016-01, Commission members are to limit
catches by their longline vessels of bigeye tuna in the Convention Area
to specified levels in 2017. Under CMM 2016-01, the applicable limit
for the United States in 2017 continues to be 3,345 mt. In addition,
paragraph 40 of CMM 2016-01 reiterates the provision of CMM 2015-01
that states that any catch overage in a given year shall be deducted
from the catch limit for the following year. The Commission has not
adopted limits for the longline fisheries of any of the U.S.
Participating Territories, American Samoa, Guam, and the CNMI.
This interim rule is limited to implementing the 2017 calendar year
longline bigeye tuna catch limit for U.S. fisheries in the Convention
Area, as mandated under CMM 2016-01 which continues the relevant
provisions adopted by CMM 2015-01. As stated above, the Commission-
adopted limit for 2017 continues to be 3,345 mt less any overage of the
limit applicable in 2016. The limit for 2016 was 3,554 mt (see 81 FR
41239). There was an overage of 207 mt in 2016, so the limit for 2017
is 3,138 mt. This interim rule adjusts the 2017 limit from the
established 3,345 mt to 3,138 mt.
The 2017 longline bigeye tuna catch limit will apply only to U.S.-
flagged longline vessels operating as part of the U.S. longline
fisheries. The limit will not apply to U.S. longline vessels operating
as part of the longline fisheries of American Samoa, the CNMI, or Guam.
Existing 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.
Consistent with the basis for the limits prescribed in CMM 2016-01
and with regulations issued by NMFS to implement bigeye tuna catch
limits in U.S. longline fisheries as described below, the catch limit
is measured in terms of retained catches--that is, bigeye tuna that are
caught by longline gear and retained on board the vessel.

Announcement of the Limit Being Reached

As set forth under the existing regulations at 50 CFR 300.224(e),
if NMFS determines that the limit is expected to be reached in 2017,
NMFS will publish a notice in the Federal Register to announce specific
fishing restrictions that will be effective from the date the limit is
expected to be reached until the end of the 2017 calendar year. NMFS
will publish the notice of the restrictions at least 7 calendar days
before the effective date to provide vessel owners and operators with
advance notice. Periodic forecasts of the date the limit is expected to
be reached will be made available to the public, such as by posting on
a Web site, to help vessel owners and operators plan for the
possibility of the limit being reached.

Restrictions After the Limit is Reached

As set forth under the existing regulations at 50 CFR 300.224(f),
if the limit is reached, the restrictions that will be in effect will
include the following:
1. Retain on board, transship, or land bigeye tuna: Starting on the
effective date of the restrictions and extending through December 31 of
2017, it will be prohibited to use a U.S. fishing vessel to retain on
board, transship, or land bigeye tuna captured in the Convention Area
by longline gear, except as follows:
First, any bigeye tuna already on board a fishing vessel upon the
effective date of the restrictions can be retained on board,
transshipped, and/or landed, provided that they are landed within 14
days after the restrictions become effective. A vessel that had
declared to NMFS pursuant to 50 CFR 665.803(a) that the current trip
type is shallow-setting is not subject to this 14-day landing
restriction, so these vessels will be able to land bigeye tuna more
than 14 days after the restrictions become effective.
Second, bigeye tuna captured by longline gear can be retained on
board, transshipped, and/or landed if they are caught by a fishing
vessel registered for use under a valid American Samoa Longline Limited
Access Permit, or if they are landed in American Samoa, Guam, or the
CNMI. However, the bigeye tuna must not be caught in the portion of the
U.S. EEZ surrounding the Hawaiian Archipelago, and must be landed by a
U.S. fishing vessel operated in compliance with a valid permit issued
under 50 CFR 660.707 or 665.801.

[[Page 36343]]

Third, bigeye tuna captured by longline gear can be retained on
board, transshipped, and/or landed if they are caught by a vessel that
is included in a specified fishing agreement under 50 CFR 665.819(d),
in accordance with 50 CFR 300.224(f)(iv).
2. Transshipment of bigeye tuna to certain vessels: Starting on the
effective date of the restrictions and extending through December 31 of
2017, it will be prohibited to transship bigeye tuna caught in the
Convention Area by longline gear to any vessel other than a U.S.
fishing vessel operated in compliance with a valid permit issued under
50 CFR 660.707 or 665.801.
3. Fishing inside and outside the Convention Area: To help ensure
compliance with the restrictions related to bigeye tuna caught by
longline gear in the Convention Area, the interim rule establishes two
additional, related prohibitions that are in effect starting on the
effective date of the restrictions and extending through December 31 of
2017. First, vessels are prohibited from fishing with longline gear
both inside and outside the Convention Area during the same fishing
trip, with the exception of a fishing trip that is in progress at the
time the announced restrictions go into effect. In that exceptional
case, the vessel still must land any bigeye tuna taken in the
Convention Area within 14 days of the effective date of the
restrictions, as described above. Second, if a vessel is used to fish
using longline gear outside the Convention Area and enters the
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 while the vessel is in the Convention
Area. These two prohibitions do not apply to the following vessels: (1)
Vessels on declared shallow-setting trips pursuant to 50 CFR
665.803(a); and (2) vessels operating for the purposes of this rule as
part of the longline fisheries of American Samoa, Guam, or the CNMI.
This second group includes vessels registered for use under valid
American Samoa Longline Limited Access Permits and vessels landing
their bigeye tuna catch in one of the three U.S. Participating
Territories, so long as these vessels conduct fishing activities in
accordance with the conditions described above, and vessels included in
a specified fishing agreement under 50 CFR 665.819(d), in accordance
with 50 CFR 300.224(f)(iv).

Classification

The Administrator, Pacific Islands Region, NMFS, has determined
that this interim rule is consistent with the WCPFC Implementation Act
and other applicable laws.

Administrative Procedure Act

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 prior
notice and the opportunity for public comment would be contrary to the
public interest. This rule adjusts a bigeye tuna catch limit for U.S.
longline fisheries in the Convention Area for 2017. Data on the amount
of the 2016 overage only recently became available, and NMFS must
publish the revised limit for 2017 as soon as possible to ensure it is
not exceeded and the United States complies with its international
legal obligations with respect to CMM 2016-01. Based on preliminary
data available to date, NMFS expects that the applicable limit of 3,138
mt is likely to be reached in late summer of 2017. Delaying this rule
to allow for advance notice and public comment increases the risk that
more than 3,138 mt of bigeye tuna would be caught by U.S. longline
fisheries operating in the WCPO, potentially constituting non-
compliance by the United States with respect to the longline bigeye
tuna catch limit provisions of CMM 2016-01 for calendar year 2017.
Because a delay in implementing this limit for 2017 could result in the
United States violating its international legal obligations to conserve
tropical tuna stocks in the WCPO, allowing advance notice and the
opportunity for public comment would be contrary to the public
interest.
Additionally, prior notice and opportunity for public comment is
unnecessary because this rule only adjusts a previously established
limit for 2017 (see 81 FR 24772 and 81 FR 41239). In the preambles to
the proposed rule and the final rule that established the 2017 limit,
NMFS provided notice that if there was an overage of the limit for
2016, NMFS would adjust the 2017 limit in accordance with the
provisions of CMM 2015-01 and any other pertinent Commission decisions
in force at that time. (Id.) Moreover, affected entities have been
subject to longline bigeye tuna limits in the Convention Area since
2009, and the adjusted limit is similar to the limits implemented from
2009-2016. The regulated entities have received information regarding
NMFS' estimates of the 2017 longline bigeye tuna catch in the
Convention Area and the approximate date the catch limit may be reached
via NMFS' Web site and other means.
NMFS will, however, take and consider public comments received on
this interim final and, if appropriate, NMFS will issue a revised final
rule in response to public comment.
For the reasons articulated above, there is also good cause under 5
U.S.C. 553(d)(3) to waive the 30-day delay in effective date for this
rule. As described above, NMFS must implement the longline bigeye tuna
catch limit provisions of CMM 2016-01 for 2017 as soon as possible, in
order to ensure that the catch limit is not exceeded. The catch limit
is intended to reduce or otherwise control fishing pressure on bigeye
tuna in the WCPO in order to restore this stock to levels capable of
producing maximum sustainable yield on a continuing basis. According to
the NMFS stock status determination criteria, bigeye tuna in the
Pacific Ocean is currently experiencing overfishing. Failure to
immediately implement the 2017 catch limit would result in additional
fishing pressure on this stock, in violation of international and
domestic legal obligations.

Executive Order 12866

This interim rule has been determined to be not significant for
purposes of Executive Order 12866.

Regulatory Flexibility Act

Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable. Therefore, no regulatory flexibility
analysis was required and none has been prepared.

List of Subjects in 50 CFR Part 300

Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.

Dated: August 1, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 300 is amended
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart O--Western and Central Pacific Fisheries for Highly
Migratory Species

0
1. The authority citation for 50 CFR part 300, subpart O, continues to
read as follows:

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

0
2. In Sec. 300.224, paragraph (a)(2) is revised to read as follows:

[[Page 36344]]

Sec. 300.224 Longline fishing restrictions.

(a) * * *
(2) During calendar year 2017 there is a limit of 3,138 metric tons
of bigeye tuna that may be captured in the Convention Area by longline
gear and retained on board by fishing vessels of the United States.
* * * * *
[FR Doc. 2017-16456 Filed 8-3-17; 8:45 am]
BILLING CODE 3510-22-P

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