International Fisheries; Pacific Tuna Fisheries; 2015 Bigeye Tuna Longline Fishery Closure in the Eastern Pacific Ocean, 46515-46516 [2015-19230]
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Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations
is required to invite public comment on
the policy guidance, and to publish its
response to comments. In this instance,
FTA published proposed interim policy
guidance on April 8, 2015, at 80 FR
18796 (https://www.gpo.gov/fdsys/pkg/
FR-2015-04-08/pdf/2015-08063.pdf).
The final interim policy guidance and
our response to comments is available
on FTA’s public Web site at https://
www.fta.dot.gov/newstarts and in the
docket at https://www.regulations.gov.
The final interim policy guidance
addresses four subjects not addressed in
either the regulations or the previous
policy guidance document for the CIG
program. Specifically these are: (1) The
measures and breakpoints for the
congestion relief criterion applicable to
New Starts and Small Starts projects; (2)
the evaluation and rating process for
Core Capacity Improvement projects,
including the measures and breakpoints
for all the project justification and local
financial commitment criteria
applicable to those projects; (3) the
prerequisites for entry into each phase
of the CIG process for each type of
project in the CIG program, and the
requirements for completing each phase
of that process; and (4) ways in which
certain New Starts, Small Starts, and
Core Capacity Improvement projects can
qualify for ‘‘warrants’’ entitling them to
automatic ratings on some of the
evaluation criteria. This final policy
guidance is characterized as ‘‘interim’’
because, in the near future, FTA will
initiate a rulemaking to amend the
regulations at 49 CFR part 611 to fully
carry out the authorizing statute for the
CIG program, 49 U.S.C. 5309, as
amended by the Moving Ahead for
Progress in the 21st Century Act (Pub.
L. 112–141; July 6, 2012) (‘‘MAP–21’’).
The information gained through the
public comment process on the interim
policy guidance will inform the future
rulemaking.
The final interim policy guidance
being published today is approximately
100 typewritten pages in length,
arranged in three stand-alone chapters
for each of the three types of projects
eligible for CIG funds: New Starts, Small
Starts, and Core Capacity
Improvements. Each chapter provides a
short introduction, a discussion of
eligibility for that type of project, a
summary of the requirements for entry
into and getting through each step of the
CIG process, information on each of the
project evaluation criteria, and an
explanation of how FTA will determine
the overall rating for a project. Each type
of project in the CIG program—a New
Start, Small Start, or Core Capacity
Improvement—is governed by a unique
set of requirements, although there are
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14:23 Aug 04, 2015
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many similarities amongst the three sets
of requirements.
The final interim policy guidance
does not address the Program of
Interrelated Projects provisions or the
pilot program for expedited project
delivery included in MAP–21. The
Program of Interrelated Projects
provisions will be addressed through
future rulemaking and policy guidance
updates. On July 7, 2015, FTA
published in a separate Federal Register
notice at 80 FR 38801 (https://
www.gpo.gov/fdsys/pkg/FR-2015-07-07/
pdf/2015-16515.pdf), a request for
expressions of interest for the pilot
program for expedited project delivery.
FTA received 539 separate comments
on the proposed interim policy
guidance from 41 commenters,
including cities, transit operators, state
agencies, metropolitan planning
organizations, non-profit organizations,
and interested citizens. FTA’s summary
and response to these comments is
available both on the agency’s public
Web site at https://www.fta.dot.gov/
newstarts and in the docket at https://
www.regulations.gov. The public
comments are available, in their
entirety, on the docket at https://
www.regulations.gov.
This final interim policy guidance is
effective immediately. It provides
technical details necessary for FTA to
apply the project evaluation and rating
criteria. Sponsors of New Starts, Small
Starts, and Core Capacity projects need
this final interim policy guidance to
gather and submit the data and
information needed by FTA to move
their projects into and through the
process. In turn, FTA needs this data
from project sponsors to prepare the
agency’s annual report to Congress on
capital investment funding
recommendations for the forthcoming
Federal fiscal year, as required by 49
U.S.C. 5309(o)(1). For these reasons, and
in accordance with the Administrative
Procedure Act, 5 U.S.C. 553(d), FTA
finds good cause for an exception to the
requirement for 30-day publication prior
to an effective date.
Issued in Washington, DC, under the
authority delegated at 49 CFR 1.91.
Therese W. McMillan,
Acting Administrator.
[FR Doc. 2015–19200 Filed 8–4–15; 8:45 am]
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46515
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 130717632–4285–02]
RIN 0648–XE085
International Fisheries; Pacific Tuna
Fisheries; 2015 Bigeye Tuna Longline
Fishery Closure in the Eastern Pacific
Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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,
2015 because the 2015 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 InterAmerican Tropical Tuna Commission
(IATTC) in Resolution C–13–01, which
governs tuna conservation in the EPO
from 2014–2016.
DATES: The rule is effective 12 a.m. local
time August 12, 2015, through 11:59
p.m. local time December 31, 2015.
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° N.
and 50° S. parallels, and the 150° W.
meridian.
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 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
SUMMARY:
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Lhorne on DSK7TPTVN1PROD with RULES
46516
Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations
IATTC recommendations for the
conservation and management of highly
migratory fish resources in the EPO.
In 2013, the IATTC adopted
Resolution C–13–01, which establishes
an annual catch limit of bigeye tuna for
longline vessels over 24 meters. 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 noticeand-comment rulemaking under the Act
(79 FR 19487, April 9, 2014, 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 2015 catch limit is expected to be
reached by August 12, 2015. 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 August 12,
2015, through the end of the 2015
calendar year. The 2016 fishing year is
scheduled to open on January 1, 2016.
The bigeye tuna catch limit for longline
vessels over 24 meters in overall length
will again be 500 metric tons for 2016.
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:
• Any bigeye tuna already on board a
fishing vessel on August 12, 2015, 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 August
26, 2015.
• In the case of a vessel that has
declared to NMFS that the current trip
type is shallow-set longlining, the 14day limit to land all bigeye in the
previous paragraph is waived. However,
the prohibition on any additional
retention of bigeye tuna still applies as
of August 12, 2015.
Other prohibitions during the closure
include the following:
• 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
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14:23 Aug 04, 2015
Jkt 235001
compliance with a valid permit issued
under 50 CFR 660.707 or 665.801.1
• A fishing vessel of the United States
over 24 meters in overall length, that is
not on a declared shallow-set longline
trip, 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 that was already in progress
when the prohibitions were put into
effect.
• If a vessel over 24 meters in overall
length, that is not on a declared
shallow-set longline 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.
This action is required by 50 CFR
300.25(b) and is exempt from review
under Executive Order 12866.
Classification
NMFS is transferring 40
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the Harpoon category. With this
transfer, the adjusted Harpoon category
quota for the 2015 fishing season is 73.4
mt. The 2015 Harpoon category fishery
is open until November 15, 2015, or
until the Harpoon category quota is
reached, whichever comes first. The
action is based on consideration of the
regulatory determination criteria
regarding inseason adjustments, and
applies to Atlantic tunas Harpoon
category (commercial) permitted
vessels.
DATES: Effective July 31, 2015, through
November 15, 2015.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Brad McHale,
978–281–9260.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
among the various domestic fishing
1 In 50 CFR 300.25(b)(4)(ii), the reference to
§ 665.21 is outdated. The former 50 CFR 665.21 has
been recodified to § 665.801.
Frm 00032
Fmt 4700
Dated: July 31, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–19230 Filed 7–31–15; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 120328229–4949–02]
RIN 0648–XE079
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
AGENCY:
SUMMARY:
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 2015 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. Moreover, NMFS previously
solicited, and considered, 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, 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).
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Authority: 16 U.S.C. 951 et seq.
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Agencies
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Rules and Regulations]
[Pages 46515-46516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19230]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 130717632-4285-02]
RIN 0648-XE085
International Fisheries; Pacific Tuna Fisheries; 2015 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.
-----------------------------------------------------------------------
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, 2015 because the 2015
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-13-01, which governs tuna conservation in the
EPO from 2014-2016.
DATES: The rule is effective 12 a.m. local time August 12, 2015,
through 11:59 p.m. local time December 31, 2015.
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 of 1950 (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
[[Page 46516]]
IATTC recommendations for the conservation and management of highly
migratory fish resources in the EPO.
In 2013, the IATTC adopted Resolution C-13-01, which establishes an
annual catch limit of bigeye tuna for longline vessels over 24 meters.
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, 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 2015 catch limit is expected to be reached by
August 12, 2015. 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 August 12, 2015, through the end
of the 2015 calendar year. The 2016 fishing year is scheduled to open
on January 1, 2016. The bigeye tuna catch limit for longline vessels
over 24 meters in overall length will again be 500 metric tons for
2016.
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:
Any bigeye tuna already on board a fishing vessel on
August 12, 2015, 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 August 26, 2015.
In the case of a vessel that has declared to NMFS that the
current trip type is shallow-set longlining, the 14-day limit to land
all bigeye in the previous paragraph is waived. However, the
prohibition on any additional retention of bigeye tuna still applies as
of August 12, 2015.
Other prohibitions during the closure include the following:
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.\1\
---------------------------------------------------------------------------
\1\ In 50 CFR 300.25(b)(4)(ii), the reference to Sec. 665.21 is
outdated. The former 50 CFR 665.21 has been recodified to Sec.
665.801.
---------------------------------------------------------------------------
A fishing vessel of the United States over 24 meters in
overall length, that is not on a declared shallow-set longline trip,
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 that was already in progress
when the prohibitions were put into effect.
If a vessel over 24 meters in overall length, that is not
on a declared shallow-set longline 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
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
2015 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. Moreover, NMFS previously solicited, and
considered, 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, 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 50 CFR 300.25(b) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 951 et seq.
Dated: July 31, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-19230 Filed 7-31-15; 4:15 pm]
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