International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Limited Reopening of the 2019 U.S. Pelagic Longline Fishery for Bigeye Tuna in the Western and Central Pacific Ocean, 68057-68058 [2019-26902]

Download as PDF Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations In consideration of the foregoing, FMCSA amends 49 CFR chapter III, parts 382, 383, and 384, as follows: 5524 of Pub. L. 114–94, 129 Stat. 1312, 1560; and 49 CFR 1.87. PART 382—CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING ■ § 384.235 6. Amend § 384.235 by removing the date ‘‘January 6, 2020’’ and adding, in its place, the date ‘‘January 6, 2023.’’ 1. The authority citation for part 382 continues to read as follows: ■ Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec. 32934 of Pub. L. 112–141, 126 Stat. 405, 830; and 49 CFR 1.87. Issued under authority delegated in 49 CFR 1.87. Dated: December 10, 2019. Jim Mullen, Acting Administrator. [FR Doc. 2019–26943 Filed 12–12–19; 8:45 am] ■ 2. Amend § 382.725 by revising paragraph (a) to read as follows: BILLING CODE 4910–EX–P § 382.725 Access by State licensing authorities. DEPARTMENT OF COMMERCE (a)(1) Beginning January 6, 2020, and before January 6, 2023, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial driver’s licensing official of a State may obtain the driver’s record from the Clearinghouse if the driver has applied for a commercial driver’s license from that State. (2) On or after January 6, 2023, in order to determine whether a driver is qualified to operate a commercial motor vehicle, the chief commercial driver’s licensing official of a State must obtain the driver’s record from the Clearinghouse if the driver has applied for a commercial driver’s license from that State. * * * * * PART 383—COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES 3. The authority citation for part 383 continues to read as follows: ■ Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 214 and 215 of Pub. L. 106–159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107–56, 115 Stat. 272, 297, sec. 4140 of Pub. L. 109–59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112–141, 126 stat. 405, 830; and 49 CFR 1.87. § 383.73 [Amended] 4. Amend § 383.73 by removing the date ‘‘January 6, 2020’’ from paragraphs (b)(10), (c)(10), (d)(9), (e)(8), and (f)(4) and adding, in its place, the date ‘‘January 6, 2023.’’ ■ PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER’S LICENSE PROGRAM jbell on DSKJLSW7X2PROD with RULES [Amended] 5. The authority citation for part 384 continues to read as follows: ■ Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103 and 215 of Pub. L. 106– 159, 113 Stat. 1748, 1753, 1767; sec. 32934 of Pub. L. 112–141, 126 Stat. 405, 830; sec. VerDate Sep<11>2014 15:53 Dec 12, 2019 Jkt 250001 National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 180209155–8589–02; RTID 0648–XP005] International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Limited Reopening of the 2019 U.S. Pelagic Longline Fishery for Bigeye Tuna in the Western and Central Pacific Ocean National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; fishery reopening; fishery closure; request for comments. AGENCY: NMFS is temporarily reopening the 2019 U.S. pelagic longline fishery for bigeye tuna in the western and central Pacific Ocean (WCPO) for five days because the fishery did not catch the entire 3,554 metric ton (t) limit. This action is intended to allow the fishery to access the remainder of the available limit. DATES: The U.S. longline fishery for bigeye tuna reopens at 12:01 a.m. local time on December 23, 2019, until 11:59 p.m. local time on December 27, 2019. NMFS must receive comments by January 13, 2020. FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries, NMFS Pacific Islands Regional Office, 808–725–5176. SUPPLEMENTARY INFORMATION: Pursuant to regulations implemented under the Western and Central Pacific Fisheries Convention Implementation Act, 16 U.S.C. 6901 et seq., NMFS established an annual limit of 3,554 t of bigeye tuna for U.S. longline vessels fishing in the Convention Area (83 FR 33851, July 18, 2018, codified at 50 CFR 300.224). The SUMMARY: PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 68057 limit applies only to U.S. vessels, but does not apply to U.S. vessels operating as part of the longline fisheries of American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands (CNMI). 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. NMFS monitored catches of longlinecaught bigeye tuna using logbook data submitted by vessel captains and other available information, and determined that the 3,554 t catch limit for 2019 would be reached by July 27, 2019. In accordance with 50 CFR 300.224(e), NMFS closed the U.S. longline fishery for bigeye tuna in the Convention Area through a temporary rule effective on July 27, 2019 through December 31, 2019 (84 FR 35568; July 24, 2019). The closure does not apply to vessels operating as part of the longline fisheries of American Samoa, Guam, or the CNMI, including vessels identified in a valid specified fishing agreement under 50 CFR 665.819(c), in accordance with 50 CFR 300.224(f)(1)(iv). NMFS also specified a 2019 limit of 2,000 t of longline-caught bigeye tuna for each of the U.S. territories (American Samoa, Guam, and the CNMI) (84 FR 34321, July 18, 2019). That rule allows each territory to allocate up to 1,000 t to U.S. longline vessels identified in a valid specified fishing agreement. On August 1, 2019, NMFS announced a valid specified fishing agreement between the CNMI and the Hawaii Longline Association (HLA) (84 FR 37592). In accordance with procedures in 50 CFR 300.224(d) and 50 CFR 665.819(c)(9), NMFS began attributing bigeye tuna caught by vessels identified in the CNMI/HLA agreement to the CNMI beginning on July 20, 2019. NMFS forecasted that the fishery would reach the CNMI allocation limit by November 4, 2019, and closed the fishery on that date (84 FR 57827, October 29, 2019). On October 28, 2019, NMFS announced a valid specified fishing agreement between American Samoa and HLA, and began attributing bigeye tuna caught by vessels identified in the agreement to American Samoa starting on that date (84 FR 57652). NMFS forecasts that the fishery will reach the American Samoa allocation limit by December 22, 2019, and will stop attributing on that date. Since NMFS closed the U.S. longline fishery in July 2019, NMFS has subsequently determined that the fishery caught and retained only 3,456 t of the 3,554 t limit while it was open E:\FR\FM\13DER1.SGM 13DER1 68058 Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations jbell on DSKJLSW7X2PROD with RULES from January through July 26, leaving 98 t available for catch and retention. Based on average bigeye tuna catch rates by the U.S. longline fishery in the month of December in calendar years 2012 to 2018, we estimate that the fishery could catch 98 t in five calendar days. Accordingly, this rule reopens the fishery for five days, after which, the closure published on July 24, 2019 (84 FR 35568), will again, take effect through December 31, 2019. To prevent a disruption to the continuity of fishing operations, the reopening will begin the day after the date that NMFS stops attributing catch to American Samoa. All fishing under the remaining 98 t limit must be done in accordance with the regulations at 50 CFR 300.224 and any other applicable regulations. Classification There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice and opportunity for public comment on this action. Compliance with the notice and comment requirement would be unnecessary and contrary to the public interest. Because the fishery closure on July 27, 2019 was based upon estimated landings, this action simply provides an opportunity to harvest unused catch that remains available in 2019. The action is a benefit to fishermen since they would not be able to access the fishery after December 22, 2019. Moreover, NMFS solicited and responded to public comments on the rule establishing the calendar year bigeye tuna catch limit of 3,554 t (83 FR 33851, July 18, 2018). Although this action is being implemented without the opportunity for prior notice and comment, NMFS is soliciting and will respond to public comments from those affected by or otherwise interested in this rule. Additionally, NMFS has determined that good cause exists to waive the 30day delay in effectiveness of this rule because, under 5 U.S.C. 553(d), this rule relieves a restriction on the regulated community, and requiring a 30-day delay would be contrary to the public interest. NMFS closed the U.S. longline fishery for bigeye tuna in the Convention Area through a temporary rule effective on July 27, 2019, through December 31, 2019. The closure does not apply to vessels operating identified in a valid specified fishing agreement under 50 CFR 665.819(c), in accordance with 50 CFR 300.224(f)(1)(iv). Currently, vessels in the U.S. longline fishery are operating under a valid specified fishing agreement between American Samoa and HLA, which allocates 1,000 t of bigeye tuna to vessel VerDate Sep<11>2014 15:53 Dec 12, 2019 Jkt 250001 identified in the agreement. NMFS forecasts that the fishery will reach the American Samoa allocation limit by December 22, 2019, and will stop attributing bigeye tuna to American Samoa on that date. If the effectiveness of this rule is delayed, the fishery would once again, be subject to the July 27, 2019 closure through December 31, 2019, and would be unable to access the remainder of the available 2019 bigeye tuna limit. Because this rule relives a restriction by temporarily reopening the fishery for bigeye tuna, it is not subject to the 30-day delayed effectiveness pursuant to 5 U.S.C. 553(d)(1). This action is taken under 50 CFR 300.224(e) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 6901 et seq. Dated: December 10, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–26902 Filed 12–12–19; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 100217097–1757–02; RTID 0648–XS019] Reef Fish Fishery of the Gulf of Mexico; 2019 Commercial and Recreational Accountability Measure and Closures for Gulf of Mexico Lane Snapper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for the lane snapper commercial and recreational sectors in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2019 fishing year through this temporary rule. NMFS has projected that the 2019 stock annual catch limit (ACL) for Gulf lane snapper has been met. Therefore, NMFS closes the commercial and recreational sectors for Gulf lane snapper on December 13, 2019, and they will remain closed through the end of the current fishing year on December 31, 2019. These closures are necessary to protect the Gulf lane snapper resource. DATES: This temporary rule is effective from 12:01 a.m., local time, on SUMMARY: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 December 13, 2019, until 12:01 a.m., local time, on January 1, 2020. FOR FURTHER INFORMATION CONTACT: Kelli O’Donnell, NMFS Southeast Regional Office, telephone: 727–824– 5305, email: Kelli.ODonnell@noaa.gov. NMFS manages the Gulf reef fish fishery, which includes lane snapper, under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico Fishery Management Council (Council) and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) through regulations at 50 CFR part 622. All lane snapper weights discussed in this temporary rule are in round weight. The stock annual catch limit (ACL) for Gulf lane snapper is 301,000 lb (136,531 kg). As specified in 50 CFR 622.41(k), if during a fishing year the sum of the commercial and recreational lane snapper landings exceeds the stock ACL, then during the following fishing year, if the sum of commercial and recreational landings reaches or is projected to reach the stock ACL, NMFS is required to close the commercial and recreational sectors for the remainder of that fishing year. In the 2018 fishing year, lane snapper landings exceeded the stock ACL by 58,551 lb (26,558 kg). For the 2019, fishing year, NMFS has determined that the 2019 stock ACL for Gulf lane snapper has been met. Accordingly, this temporary rule closes the commercial and recreational sectors for Gulf lane snapper effective at 12:01 a.m., local time, on December 13, 2019 and both sectors will remain closed through the end of the current fishing year on December 31, 2019. During the commercial and recreational closures, the commercial sale or purchase of lane snapper taken from the Gulf EEZ is prohibited and the recreational bag and possession limits for lane snapper in or from the Gulf EEZ are zero. The prohibition on possession of Gulf lane snapper also applies in Gulf state waters for a vessel issued a valid Federal charter vessel/headboat permit for Gulf reef fish. During the closures, the operator of a vessel with a valid commercial vessel permit for Gulf reef fish having lane snapper on board must have landed and bartered, traded, or sold such lane snapper prior to 12:01 a.m., local time, on December 13, 2019. The prohibition on the sale or purchase of lane snapper does not apply to fish that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, on SUPPLEMENTARY INFORMATION: E:\FR\FM\13DER1.SGM 13DER1

Agencies

[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68057-68058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26902]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180209155-8589-02; RTID 0648-XP005]


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Limited Reopening of the 2019 U.S. 
Pelagic Longline Fishery for Bigeye Tuna in the Western and Central 
Pacific Ocean

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

ACTION: Temporary rule; fishery reopening; fishery closure; request for 
comments.

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SUMMARY: NMFS is temporarily reopening the 2019 U.S. pelagic longline 
fishery for bigeye tuna in the western and central Pacific Ocean (WCPO) 
for five days because the fishery did not catch the entire 3,554 metric 
ton (t) limit. This action is intended to allow the fishery to access 
the remainder of the available limit.

DATES: The U.S. longline fishery for bigeye tuna reopens at 12:01 a.m. 
local time on December 23, 2019, until 11:59 p.m. local time on 
December 27, 2019. NMFS must receive comments by January 13, 2020.

FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, Sustainable Fisheries, 
NMFS Pacific Islands Regional Office, 808-725-5176.

SUPPLEMENTARY INFORMATION: Pursuant to regulations implemented under 
the Western and Central Pacific Fisheries Convention Implementation 
Act, 16 U.S.C. 6901 et seq., NMFS established an annual limit of 3,554 
t of bigeye tuna for U.S. longline vessels fishing in the Convention 
Area (83 FR 33851, July 18, 2018, codified at 50 CFR 300.224). The 
limit applies only to U.S. vessels, but does not apply to U.S. vessels 
operating as part of the longline fisheries of American Samoa, Guam, or 
the Commonwealth of the Northern Mariana Islands (CNMI). 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.
    NMFS monitored catches of longline-caught bigeye tuna using logbook 
data submitted by vessel captains and other available information, and 
determined that the 3,554 t catch limit for 2019 would be reached by 
July 27, 2019. In accordance with 50 CFR 300.224(e), NMFS closed the 
U.S. longline fishery for bigeye tuna in the Convention Area through a 
temporary rule effective on July 27, 2019 through December 31, 2019 (84 
FR 35568; July 24, 2019). The closure does not apply to vessels 
operating as part of the longline fisheries of American Samoa, Guam, or 
the CNMI, including vessels identified in a valid specified fishing 
agreement under 50 CFR 665.819(c), in accordance with 50 CFR 
300.224(f)(1)(iv).
    NMFS also specified a 2019 limit of 2,000 t of longline-caught 
bigeye tuna for each of the U.S. territories (American Samoa, Guam, and 
the CNMI) (84 FR 34321, July 18, 2019). That rule allows each territory 
to allocate up to 1,000 t to U.S. longline vessels identified in a 
valid specified fishing agreement.
    On August 1, 2019, NMFS announced a valid specified fishing 
agreement between the CNMI and the Hawaii Longline Association (HLA) 
(84 FR 37592). In accordance with procedures in 50 CFR 300.224(d) and 
50 CFR 665.819(c)(9), NMFS began attributing bigeye tuna caught by 
vessels identified in the CNMI/HLA agreement to the CNMI beginning on 
July 20, 2019. NMFS forecasted that the fishery would reach the CNMI 
allocation limit by November 4, 2019, and closed the fishery on that 
date (84 FR 57827, October 29, 2019).
    On October 28, 2019, NMFS announced a valid specified fishing 
agreement between American Samoa and HLA, and began attributing bigeye 
tuna caught by vessels identified in the agreement to American Samoa 
starting on that date (84 FR 57652). NMFS forecasts that the fishery 
will reach the American Samoa allocation limit by December 22, 2019, 
and will stop attributing on that date.
    Since NMFS closed the U.S. longline fishery in July 2019, NMFS has 
subsequently determined that the fishery caught and retained only 3,456 
t of the 3,554 t limit while it was open

[[Page 68058]]

from January through July 26, leaving 98 t available for catch and 
retention. Based on average bigeye tuna catch rates by the U.S. 
longline fishery in the month of December in calendar years 2012 to 
2018, we estimate that the fishery could catch 98 t in five calendar 
days. Accordingly, this rule reopens the fishery for five days, after 
which, the closure published on July 24, 2019 (84 FR 35568), will 
again, take effect through December 31, 2019.
    To prevent a disruption to the continuity of fishing operations, 
the reopening will begin the day after the date that NMFS stops 
attributing catch to American Samoa. All fishing under the remaining 98 
t limit must be done in accordance with the regulations at 50 CFR 
300.224 and any other applicable regulations.

Classification

    There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice 
and opportunity for public comment on this action. Compliance with the 
notice and comment requirement would be unnecessary and contrary to the 
public interest. Because the fishery closure on July 27, 2019 was based 
upon estimated landings, this action simply provides an opportunity to 
harvest unused catch that remains available in 2019. The action is a 
benefit to fishermen since they would not be able to access the fishery 
after December 22, 2019. Moreover, NMFS solicited and responded to 
public comments on the rule establishing the calendar year bigeye tuna 
catch limit of 3,554 t (83 FR 33851, July 18, 2018). Although this 
action is being implemented without the opportunity for prior notice 
and comment, NMFS is soliciting and will respond to public comments 
from those affected by or otherwise interested in this rule.
    Additionally, NMFS has determined that good cause exists to waive 
the 30-day delay in effectiveness of this rule because, under 5 U.S.C. 
553(d), this rule relieves a restriction on the regulated community, 
and requiring a 30-day delay would be contrary to the public interest. 
NMFS closed the U.S. longline fishery for bigeye tuna in the Convention 
Area through a temporary rule effective on July 27, 2019, through 
December 31, 2019. The closure does not apply to vessels operating 
identified in a valid specified fishing agreement under 50 CFR 
665.819(c), in accordance with 50 CFR 300.224(f)(1)(iv).
    Currently, vessels in the U.S. longline fishery are operating under 
a valid specified fishing agreement between American Samoa and HLA, 
which allocates 1,000 t of bigeye tuna to vessel identified in the 
agreement. NMFS forecasts that the fishery will reach the American 
Samoa allocation limit by December 22, 2019, and will stop attributing 
bigeye tuna to American Samoa on that date. If the effectiveness of 
this rule is delayed, the fishery would once again, be subject to the 
July 27, 2019 closure through December 31, 2019, and would be unable to 
access the remainder of the available 2019 bigeye tuna limit. Because 
this rule relives a restriction by temporarily reopening the fishery 
for bigeye tuna, it is not subject to the 30-day delayed effectiveness 
pursuant to 5 U.S.C. 553(d)(1).
    This action is taken under 50 CFR 300.224(e) and is exempt from 
review under Executive Order 12866.

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

    Dated: December 10, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-26902 Filed 12-12-19; 8:45 am]
 BILLING CODE 3510-22-P