Pacific Island Pelagic Fisheries; 2019 Commonwealth of the Northern Mariana Islands Bigeye Tuna Fishery; Closure, 57827-57828 [2019-23526]
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Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Rules and Regulations
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 30,
2019. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
Subpart F—California
List of Subjects in 40 CFR Part 52
AGENCY:
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: September 11, 2019.
Kerry Drake,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
VerDate Sep<11>2014
17:42 Oct 28, 2019
Jkt 250001
2. Section 52.220 is amended by
adding paragraphs (c)(164)(i)(C)(6) and
(c)(391)(i)(D) to read as follows:
■
§ 52.220
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(164) * * *
(i) * * *
(C) * * *
(6) Previously approved on September
24, 1999 in paragraph (c)(164)(i)(C)(4) of
this section and now deleted with
replacement in paragraph
(c)(391)(i)(D)(1) of this section, Rule
74.11 as adopted on April 9, 1985.
*
*
*
*
*
(391) * * *
(i) * * *
(D) Ventura County Air Pollution
Control District.
(1) Rule 74.11, ‘‘Natural Gas-Fired
Water Heaters,’’ revised on May 11,
2010.
(2) [Reserved]
*
*
*
*
*
[FR Doc. 2019–23378 Filed 10–28–19; 8:45 am]
BILLING CODE 6560–50–P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
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
SUMMARY:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
57827
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 longlinecaught 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
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29OCR1
57828
Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Rules and Regulations
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, longlinecaught 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;
VerDate Sep<11>2014
17:42 Oct 28, 2019
Jkt 250001
(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
PO 00000
Frm 00016
Fmt 4700
Sfmt 9990
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
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[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]
=======================================================================
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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
