80 FR 42464 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort Limits in Purse Seine Fisheries for 2015
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 137 (July 17, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 137 (July 17, 2015)
| Page Range | 42464-42465 | |
| FR Document | 2015-17571 |
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)] [Proposed Rules] [Pages 42464-42465] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17571] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 RIN 0648-XE001 International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort Limits in Purse Seine Fisheries for 2015 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of receipt of petition for rulemaking; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS announces the receipt of, and requests public comment on, a petition for rulemaking from Tri Marine Management Company, LLC (``Tri Marine''). The petitioner requests that NOAA undertake an emergency rulemaking to implement the 2015 limit on fishing effort by U.S. purse seine vessels on the high seas and in the U.S. exclusive economic zone 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), and to issue a rule exempting from the limit any U.S. purse seine vessel that, pursuant to contract or declaration of intent, delivers or will deliver at least half its catch to tuna processing facilities in American Samoa. DATES: Comments on the petition must be submitted in writing by August 17, 2015. ADDRESSES: You may submit comments on the petition, identified by NOAA- NMFS-2015-0088, 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-2015-0088, 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 petition 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: Tom Graham, NMFS PIRO, 808-725-5032. SUPPLEMENTARY INFORMATION: Background on Purse Seine Fishing Effort Limits in the Convention Area Since 2009, NMFS regulations have established limits on fishing effort by U.S. purse seine fishing vessels in the area of application of the Convention (Convention Area), including in the area known as the Effort Limit Area for Purse Seine, or ELAPS, which is comprised of all areas of high seas and the U.S. exclusive economic zone (EEZ) between the latitudes of 20[deg] N. and 20[deg] S. in the Convention Area. These regulations are promulgated under authority of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), and have been codified at 50 CFR 300.223(a). NMFS has established the purse seine fishing effort limits in the ELAPS to satisfy the obligations of the United States under the Convention, to which it is a party. Among those obligations is the need to implement the decisions of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission), which was established by the Convention. NMFS has established the purse seine fishing effort limits in the ELAPS to implement a series of Commission decisions for tropical tuna stocks in the Convention Area. Recently, NMFS established a purse seine fishing effort limit in the ELAPS for 2015 in an interim rule published May 21, 2015 (80 FR 29220). The limit is 1,828 fishing days. On June 8, 2015, NMFS issued a notice announcing that the purse seine fishery in the ELAPS would close as a result of reaching the limit of 1,828 fishing days (80 FR 32313). The closure took effect June 15, 2015, and will [[Page 42465]] remain in effect through December 31, 2015. The closure applies to all U.S. purse seine fishing vessels. Petition for Rulemaking Under the Administrative Procedure Act, interested persons may petition Federal agencies for the issuance, amendment, or repeal of a rule. In a petition to NMFS dated May 12, 2015, Tri Marine requested that NMFS take two actions. First, Tri Marine requested that ``NOAA undertake an emergency rulemaking with respect to the 2015 ELAPS limits for fishing days on the high seas.'' Second, Tri Marine requested that ``NOAA issue a rule exempting from that high seas limit any US flag purse seine vessel which, pursuant to contract or declaration of intent, delivers or will deliver at least 50 percent of its catch to tuna processing facilities based in American Samoa.'' At the time of Tri Marine's initial request, NMFS was preparing to issue an interim rule establishing a limit on purse seine fishing effort in the ELAPS for 2015. As described above, NMFS established a limit in the ELAPS for 2015 in an interim rule published May 21, 2015. Accordingly, the first part of Tri Marine's request has been addressed. In the interim rule, NMFS acknowledged that it had received Tri Marine's petition for rulemaking, and stated that it will consider and respond to the petition separately from the interim rule. With regard to the second part of Tri Marine's request, the petition explains that as a result of decisions by the Republic of Kiribati, U.S. purse seine vessels' access to their traditional fishing grounds in 2015 has been dramatically reduced, and that the high seas portion of the ELAPS can be expected to be closed to fishing as early as June. The petition further states that because of the limited fishing grounds now available to the American Samoa-based purse seine fleet and other factors, including an unusually low tuna price and the higher cost of access to fishing grounds in the region, the ability of American Samoa-based tuna vessels to operate profitably is in serious question, and the loss of a reliable supply of tuna from these vessels will jeopardize the ability of the canneries in American Samoa to compete in world markets. The petition states that under the Convention, American Samoa is afforded special treatment as a small island developing state or participating territory for purposes of applying conservation and management measures of the Commission, and therefore NMFS should develop rules that exempt from the ELAPS limit those vessels that deliver to the canneries in American Samoa. The petition includes further information on the basis of the request, including information related to the recommendations of the Governor of American Samoa's Fisheries Task Force, and an ``issue brief'' with statements about the nature of the issue and how the requested rule(s) would address it. In a second letter to NMFS dated May 26, 2015, which supplements the May 12, 2015, petition, Tri Marine acknowledged the interim rule published May 21, 2015, and amended its request. Tri Marine requested that ``NOAA undertake an emergency rulemaking with respect to the 2015 ELAPS limits for fishing days (both) on the high seas and in the US EEZ,'' and further requested that ``NOAA issue a rule exempting from the ELAPS limits any US flag purse seine vessel which, pursuant to contract or declaration of intent, delivers or will deliver at least 50 percent of its catch to tuna processing facilities based in American Samoa.'' See the ADDRESSES section for instructions on how to obtain copies of the petition. Request for Comments NMFS has determined that the petition contains enough information to enable NMFS to consider its substance. NMFS is issuing this notice to solicit comments on the petitioner's request. NMFS is particularly interested in comments on the nature and severity of the problem identified by the petitioner, whether any exigencies exist, and whether the petitioner's requests would solve the alleged problem in an efficient and fair manner. Next Steps NMFS will consider public comments in deciding whether to proceed with the rulemaking(s) requested by Tri Marine. Once NMFS decides whether or not to proceed, or to proceed in part, it will publish a notice of its decision in the Federal Register. Authority: 16 U.S.C. 6901 et seq. Dated: July 13, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2015-17571 Filed 7-16-15; 8:45 am] BILLING CODE 3510-22-P
![42464 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Proposed Rules
Street NW., Suite 500 West, DEPARTMENT OF COMMERCE the comment period, might not be
Washington, DC 20001 on behalf of C.P. considered by NMFS. All comments
Kelco U.S., Inc., 3100 Cumberland National Oceanic and Atmospheric received are a part of the public record
Blvd., Suite 600, Atlanta, GA 30339 Administration and will generally be posted for public
requests to establish an exemption from viewing on www.regulations.gov
the requirement of a tolerance for 50 CFR Part 300 without change. All personal identifying
residues of D-glucurono-D-gluco-6- RIN 0648–XE001 information (e.g., name and address),
deoxy-L-mannan, acetate, calcium confidential business information, or
magnesium potassium sodium salt (CAS International Fisheries; Western and otherwise sensitive information
Reg. No. 595585–15–2) when used as an Central Pacific Fisheries for Highly submitted voluntarily by the sender will
inert ingredient applied to growing Migratory Species; Fishing Effort be publicly accessible. NMFS will
crops and raw agricultural commodities Limits in Purse Seine Fisheries for accept anonymous comments (enter
2015 ‘‘N/A’’ in the required fields if you wish
after harvest under 40 CFR 180.910. The
to remain anonymous).
petitioner believes no analytical method AGENCY: National Marine Fisheries Copies of the petition are available at
is needed because it is not required for Service (NMFS), National Oceanic and www.regulations.gov or may be obtained
an exemption from the requirement of a Atmospheric Administration (NOAA), from Michael D. Tosatto, Regional
tolerance. Contact: RD. Commerce. Administrator, NMFS PIRO (see address
Amended Tolerance Exemption ACTION: Notice of receipt of petition for above).
rulemaking; request for comments. FOR FURTHER INFORMATION CONTACT: Tom
PP 4F8342. (EPA–HQ–OPP–2010– Graham, NMFS PIRO, 808–725–5032.
0099). SciReg, Inc., 12733 Director’s SUMMARY: NMFS announces the receipt
of, and requests public comment on, a SUPPLEMENTARY INFORMATION:
Loop, Woodbridge, VA 22192 (on behalf
of bio-ferm GmbH, Technologiezentrum petition for rulemaking from Tri Marine Background on Purse Seine Fishing
Management Company, LLC (‘‘Tri Effort Limits in the Convention Area
Tulln, Technopark 1, Tulln, 3430,
Marine’’). The petitioner requests that
Austria), requests to amend an Since 2009, NMFS regulations have
NOAA undertake an emergency
exemption from the requirement of a established limits on fishing effort by
rulemaking to implement the 2015 limit
tolerance in 40 CFR 180.1312 for on fishing effort by U.S. purse seine U.S. purse seine fishing vessels in the
residues of the fungicide vessels on the high seas and in the U.S. area of application of the Convention
Aureobasidium pullulans strains DSM exclusive economic zone in the area of (Convention Area), including in the area
14940 and DSM 14941 in or on all food application of the Convention on the known as the Effort Limit Area for Purse
commodities. The petitioner believes no Conservation and Management of Seine, or ELAPS, which is comprised of
analytical method is needed because the Highly Migratory Fish Stocks in the all areas of high seas and the U.S.
petitioner is submitting a petition to Western and Central Pacific Ocean exclusive economic zone (EEZ) between
establish a postharvest exemption from (Convention), and to issue a rule the latitudes of 20° N. and 20° S. in the
the requirement of a tolerance and, exempting from the limit any U.S. purse Convention Area. These regulations are
therefore, an analytical method is not seine vessel that, pursuant to contract or promulgated under authority of the
required. Contact: BPPD. declaration of intent, delivers or will Western and Central Pacific Fisheries
deliver at least half its catch to tuna Convention Implementation Act (16
New Inert Tolerance processing facilities in American U.S.C. 6901 et seq.), and have been
Samoa. codified at 50 CFR 300.223(a).
PP IN–10818. (EPA–HQ–OPP–2015– NMFS has established the purse seine
0395). Itaconix Corporation, 2 Marin DATES: Comments on the petition must fishing effort limits in the ELAPS to
Way, Stratham, NH 03885, requests to be submitted in writing by August 17, satisfy the obligations of the United
establish an exemption from the 2015. States under the Convention, to which
requirement of a tolerance for residues ADDRESSES: You may submit comments it is a party. Among those obligations is
of butanedioic acid, 2-methylene-, on the petition, identified by NOAA– the need to implement the decisions of
homopolymer, sodium salt (CAS Reg. NMFS–2015–0088, by either of the the Commission for the Conservation
No. 26099–89–8), when used as an inert following methods: and Management of Highly Migratory
ingredient in pesticide formulations • Electronic submission: Submit all Fish Stocks in the Western and Central
under 40 CFR 180.960. The petitioner electronic public comments via the Pacific Ocean (Commission), which was
believes no analytical method is needed Federal e-Rulemaking Portal. established by the Convention. NMFS
because it is not required for an 1. Go to www.regulations.gov/ has established the purse seine fishing
exemption from the requirement of a #!docketDetail;D=NOAA-NMFS-2015- effort limits in the ELAPS to implement
tolerance. Contact: RD. 0088, a series of Commission decisions for
2. Click the ‘‘Comment Now!’’ icon, tropical tuna stocks in the Convention
Authority: 21 U.S.C. 346a. complete the required fields, and Area.
Dated: July 8, 2015. 3. Enter or attach your comments. Recently, NMFS established a purse
Jennifer Mclain, —OR— seine fishing effort limit in the ELAPS
• Mail: Submit written comments to for 2015 in an interim rule published
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Acting, Director, Antimicrobials Division,
Office of Pesticide Programs. Michael D. Tosatto, Regional May 21, 2015 (80 FR 29220). The limit
[FR Doc. 2015–17674 Filed 7–16–15; 8:45 am]
Administrator, NMFS, Pacific Islands is 1,828 fishing days.
Regional Office (PIRO), 1845 Wasp On June 8, 2015, NMFS issued a
BILLING CODE 6560–50–P
Blvd., Building 176, Honolulu, HI notice announcing that the purse seine
96818. fishery in the ELAPS would close as a
Instructions: Comments sent by any result of reaching the limit of 1,828
other method, to any other address or fishing days (80 FR 32313). The closure
individual, or received after the end of took effect June 15, 2015, and will
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![Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Proposed Rules 42465
remain in effect through December 31, deliver to the canneries in American DEPARTMENT OF THE INTERIOR
2015. The closure applies to all U.S. Samoa.
purse seine fishing vessels. Fish and Wildlife Service
The petition includes further
Petition for Rulemaking information on the basis of the request,
DEPARTMENT OF COMMERCE
Under the Administrative Procedure including information related to the
Act, interested persons may petition recommendations of the Governor of National Oceanic and Atmospheric
Federal agencies for the issuance, American Samoa’s Fisheries Task Force, Administration
amendment, or repeal of a rule. and an ‘‘issue brief’’ with statements
In a petition to NMFS dated May 12, about the nature of the issue and how 50 CFR Part 424
2015, Tri Marine requested that NMFS the requested rule(s) would address it.
take two actions. First, Tri Marine [Docket Nos. FWS–HQ–ES–2015–0016; DOC
In a second letter to NMFS dated May 150506429–5586–02; 4500030113]
requested that ‘‘NOAA undertake an 26, 2015, which supplements the May
emergency rulemaking with respect to 12, 2015, petition, Tri Marine
RIN 1018–BA53; 0648–BF06
the 2015 ELAPS limits for fishing days
acknowledged the interim rule Endangered and Threatened Wildlife
on the high seas.’’ Second, Tri Marine
published May 21, 2015, and amended and Plants; Revisions to the
requested that ‘‘NOAA issue a rule
exempting from that high seas limit any its request. Tri Marine requested that Regulations for Petitions
US flag purse seine vessel which, ‘‘NOAA undertake an emergency
rulemaking with respect to the 2015 AGENCY: U.S. Fish and Wildlife Service
pursuant to contract or declaration of (FWS), Interior; National Marine
intent, delivers or will deliver at least 50 ELAPS limits for fishing days (both) on
Fisheries Service (NMFS), National
percent of its catch to tuna processing the high seas and in the US EEZ,’’ and
Oceanic and Atmospheric
facilities based in American Samoa.’’ further requested that ‘‘NOAA issue a
Administration (NOAA), Commerce.
At the time of Tri Marine’s initial rule exempting from the ELAPS limits
ACTION: Proposed rule; extension of the
request, NMFS was preparing to issue any US flag purse seine vessel which,
comment period.
an interim rule establishing a limit on pursuant to contract or declaration of
purse seine fishing effort in the ELAPS intent, delivers or will deliver at least 50 SUMMARY: We, the U.S. Fish and
for 2015. As described above, NMFS percent of its catch to tuna processing Wildlife Service and the National
established a limit in the ELAPS for facilities based in American Samoa.’’ Marine Fisheries Service, announce the
2015 in an interim rule published May extension of the public comment period
See the ADDRESSES section for
21, 2015. Accordingly, the first part of on our May 21, 2015, proposed
Tri Marine’s request has been instructions on how to obtain copies of
revisions to the regulations concerning
addressed. In the interim rule, NMFS the petition.
petitions under section 4(b)(3) of the
acknowledged that it had received Tri Request for Comments Endangered Species Act of 1973, as
Marine’s petition for rulemaking, and amended. Comments previously
stated that it will consider and respond NMFS has determined that the submitted need not be resubmitted, as
to the petition separately from the petition contains enough information to they will be fully considered in
interim rule. enable NMFS to consider its substance. preparation of the final rule.
With regard to the second part of Tri NMFS is issuing this notice to solicit DATES: The comment period for the
Marine’s request, the petition explains comments on the petitioner’s request. proposed rule published in the Federal
that as a result of decisions by the NMFS is particularly interested in Register on May 21, 2015 (80 FR 29286),
Republic of Kiribati, U.S. purse seine comments on the nature and severity of is extended. We will accept comments
vessels’ access to their traditional the problem identified by the petitioner, from all interested parties until
fishing grounds in 2015 has been whether any exigencies exist, and September 18, 2015. Please note that if
dramatically reduced, and that the high you are using the Federal eRulemaking
whether the petitioner’s requests would
seas portion of the ELAPS can be Portal (see ADDRESSES, below), the
solve the alleged problem in an efficient
expected to be closed to fishing as early deadline for submitting an electronic
and fair manner.
as June. The petition further states that comment is 11:59 p.m. Eastern Time on
because of the limited fishing grounds Next Steps that date.
now available to the American Samoa- ADDRESSES: You may submit comments
based purse seine fleet and other factors, NMFS will consider public comments
by one of the following methods:
including an unusually low tuna price in deciding whether to proceed with the • Federal eRulemaking Portal: http://
and the higher cost of access to fishing rulemaking(s) requested by Tri Marine. www.regulations.gov. In the Search box,
grounds in the region, the ability of Once NMFS decides whether or not to enter the docket number for the
American Samoa-based tuna vessels to proceed, or to proceed in part, it will proposed rule, which is FWS–HQ–ES–
operate profitably is in serious question, publish a notice of its decision in the 2015–0016. You may submit a comment
and the loss of a reliable supply of tuna Federal Register. by clicking on ‘‘Comment Now!’’ Please
from these vessels will jeopardize the ensure that you have found the correct
Authority: 16 U.S.C. 6901 et seq.
ability of the canneries in American rulemaking before submitting your
Samoa to compete in world markets. Dated: July 13, 2015. comment.
The petition states that under the • U.S. mail: Public Comments
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Samuel D. Rauch III,
Convention, American Samoa is Deputy Assistant Administrator for Processing, Attn: Docket No. FWS–HQ–
afforded special treatment as a small Regulatory Programs, National Marine ES–2015–0016; Division of Policy,
island developing state or participating Fisheries Service. Performance, and Management
territory for purposes of applying [FR Doc. 2015–17571 Filed 7–16–15; 8:45 am] Programs; U.S. Fish and Wildlife
conservation and management measures BILLING CODE 3510–22–P Service; 5275 Leesburg Pike, MS: BPHC,
of the Commission, and therefore NMFS Falls Church, VA 22041–3803.
should develop rules that exempt from We will post all comments on
the ELAPS limit those vessels that http://www.regulations.gov. This
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Document Created: 2018-02-23 09:21:47
Document Modified: 2018-02-23 09:21:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of receipt of petition for rulemaking; request for comments. | |
| Dates | Comments on the petition must be submitted in writing by August 17, 2015. | |
| Contact | Tom Graham, NMFS PIRO, 808-725-5032. | |
| FR Citation | 80 FR 42464 | |
| RIN Number | 0648-XE00 |
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