80 FR 51478 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Purse Seine Fishing Restrictions During Closure Periods
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 164 (August 25, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 164 (August 25, 2015)
| Page Range | 51478-51480 | |
| FR Document | 2015-20955 |
[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)] [Rules and Regulations] [Pages 51478-51480] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20955] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 150629563-5703-01] RIN 0648-BF23 International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Purse Seine Fishing Restrictions During Closure Periods AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Interim rule; request for comments. ----------------------------------------------------------------------- SUMMARY: This interim rule amends the regulations to remove the restriction that prohibits U.S. purse seine vessels from conducting bunkering (refueling) activities in the U.S. exclusive economic zone (EEZ) and on the high seas between the latitudes of 20[deg] N. and 20[deg] S. 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), also known as the Effort Limit Area for Purse Seine or ELAPS, when this area is closed to U.S. purse seine fishing. This action would relieve U.S. purse seine vessels from the burden of the prohibition while continuing to satisfy U.S. obligations pursuant to the Western and Central Pacific Fisheries Convention Implementation Act. DATES: This rule is effective on August 25, 2015. Comments must be submitted in writing by September 24, 2015. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2015-0098, 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-2015-0098, 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 Record of Environmental Consideration prepared for National Environmental Policy Act (NEPA) 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: Emily Crigler, NMFS PIRO, 808-725- 5036. SUPPLEMENTARY INFORMATION: Background on the Convention 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 western and central Pacific Ocean (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 (WCPFC or Commission). The [[Page 51479]] Commission includes Members, Cooperating Non-members, and Participating Territories (hereafter, collectively ``members''). The United States is a Member, and American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands 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 Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.; WCPFC Implementation Act) authorizes the Secretary of Commerce, in consultation with the 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. 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 Commission Web site at: www.wcpfc.int/doc/convention-area-map. WCPFC Decision on Tropical Tunas At its Eleventh Regular Session, in December 2014, the Commission adopted Conservation and Management Measure (CMM) 2014-01, ``Conservation and Management Measure for Bigeye, Yellowfin and Skipjack Tuna in the Western and Central Pacific Ocean.'' CMM 2014-01 is the most recent in a series of CMMs for the management of tropical tuna stocks under the purview of the Commission. It is the immediate successor to CMM 2013-01, adopted in December 2013. These and other CMMs are available at: www.wcpfc.int/conservation-and-management-measures. The stated general objective of CMM 2014-01 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. CMM 2014-01 includes specific objectives for each of the three stocks; the common objective is that 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 2014-01 went into effect February 3, 2015, and is generally applicable for the 2015-2017 period. The CMM includes provisions for purse seine vessels, longline vessels, and other types of vessels that fish for HMS. The CMM's provisions for purse seine vessels include limits on the allowable number of fishing vessels, limits on the allowable level of fishing effort, restrictions on the use of fish aggregating devices, requirements to retain all bigeye tuna, yellowfin tuna, and skipjack tuna except in specific circumstances, and requirements to carry vessel observers. The provisions of CMM 2014-01 apply on the high seas and in EEZs in the Convention Area; they do not apply in territorial seas or archipelagic waters. CMM 2014-01 includes specific fishing effort limits for purse seine vessels. NMFS Regulations Regarding Purse Seine Fishing Effort Limits On May 21, 2015, NMFS published an interim rule to establish a limit on fishing effort by U.S. purse seine vessels in the ELAPS for the calendar year 2015 (80 FR 29220), in accordance with the relevant provisions of CMM 2014-01. The limit is 1,828 fishing days, and went into effect on May 21, 2015. NMFS is issuing a final rule that responds to comments on the interim rule issued on May 21, 2015 (see the final rule identified by RIN 0648-BF03), which is being published elsewhere in this issue of the Federal Register. On June 8, 2015, NMFS determined that the 2015 ELAPS limit was expected to be reached and, in accordance with the procedures established at 50 CFR 300.223, issued a temporary rule announcing that the purse seine fishery in the ELAPS would be closed to fishing by U.S. purse seine vessels starting June 15, 2015, and would remain closed through December 31, 2015 (80 FR 32313). The regulations at 50 CFR 300.223, promulgated in 2009, specify that once a fishery closure in the ELAPS goes into effect, U.S. fishing vessels equipped with purse seine gear may not be used to fish in the ELAPS during the closure period. Because the definition of fishing, as established in 50 CFR 300.211, specifically includes bunkering, U.S. purse seine vessels under these regulations are prohibited from conducting bunkering operations in the ELAPS. During the closure of the ELAPS, U.S. purse seine vessels are generally allowed to fish in some foreign EEZs pursuant to the South Pacific Tuna Treaty. Information suggests that the U.S. WCPO purse seine fleet conducts about half of all bunkering operations on the high seas in order to support fishing operations in foreign EEZs in the WCPO. Since the regulations at 50 CFR 300.223 prohibit bunkering on the high seas in the WCPO for the remainder of 2015, the vessels are compelled to bunker in foreign waters or ports, which brings additional costs to these businesses. As stated in the RIR, it is difficult to estimate the costs to these businesses of the bunkering prohibition, but considering lost fishing time, transit costs, higher fuel prices, and, in the situation of having to go to port, port-associated costs, it is clear the additional costs could be substantial. The Action This interim rule is limited to amending the regulations at 50 CFR 300.223 to remove the restriction that prohibits U.S. purse seine vessels from conducting bunkering (refueling) activities within the ELAPS after a closure is announced. The regulations at 50 CFR 300.223(a)(3) state that once a fishery closure is announced, fishing vessels of the United States equipped with purse seine gear may not be used to fish in the ELAPS during the period specified in the Federal Register notice. This interim final rule amends this paragraph to include language stating that once a fishery closure is announced, fishing vessels of the United States equipped with purse seine gear may not be used to fish in the ELAPS during the period specified, except that such vessels are not prohibited from bunkering in the ELAPS during a fishery closure. U.S. vessels conducting bunkering operations in the ELAPS would still need to comply with all applicable international and Coast Guard regulations concerning ship-to-ship fuel transfers. This action is consistent with the provisions of CMM 2014-01 regarding purse seine fishing effort limits and is undertaken pursuant to the WCPFC Implementation Act. Although [[Page 51480]] bunkering is included in the general definition of ``fishing'' because it is an activity that directly supports fishing operations, Commission decisions do not prohibit bunkering after a fishing effort limit is reached, and NMFS believes that a prohibition on bunkering in the ELAPS would have little or no effect on controlling fishing mortality, which is the underlying objective of CMM 2014-01. The costs of the bunkering prohibition outweigh any benefits the prohibition may have. Thus, this action is consistent with the purse seine fishing effort limit provisions of CMM 2014-01, the objective of which is to reduce or maintain the fishing mortality rates of bigeye tuna, yellowfin tuna, and skipjack tuna at levels no greater than the fishing mortality rates associated with maximum sustainable yield. 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 (APA) The Assistant Administrator finds 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 the public interest. This rule removes a restriction that prohibits U.S. purse seine vessels from conducting bunkering (refueling) activities in the U.S. exclusive economic zone (EEZ) and in certain areas of the high seas. Without the amendments in this interim final rule, vessels would be compelled to bunker in foreign waters or ports, which brings additional costs to these businesses. It is difficult to estimate the costs to these businesses, but it could be substantial due to lost fishing time, transit costs, higher fuel prices, and, in the situation of having to go to port, port-associated costs. If this rule is delayed to allow for prior notice and opportunity for public comment, it could result in substantial economic costs to the regulated community as the bunkering prohibition is currently effective and impacting the regulated community. In addition, continuing this restriction is not necessary to satisfy the obligations of the United States as a member of the Commission. The Assistant Administrative finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness because the bunkering prohibition is currently effective and impacting the regulated community. If this rule is delayed to allow for a 30-day delay in effectiveness, it could result in substantial economic costs to the regulated community. In order to avoid the possible economic impacts, this rule needs to be implemented immediately. 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 final 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 19, 2015. 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. 300.223, paragraph (a)(3) is revised to read as follows: Sec. 300.223 Purse seine fishing restrictions. * * * * * (a) * * * (3) Once a fishery closure is announced pursuant to paragraph (a)(2) of this section, fishing vessels of the United States equipped with purse seine gear may not be used to fish in the ELAPS during the period specified in the Federal Register notice, except that such vessels are not prohibited from bunkering in the ELAPS during a fishery closure. * * * * * [FR Doc. 2015-20955 Filed 8-24-15; 8:45 am] BILLING CODE 3510-22-P
![51478 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations
being published elsewhere in this issue Dated: August 19, 2015. ADDRESSES: You may submit comments
of the Federal Register, NMFS is Samuel D. Rauch III, on this document, identified by NOAA–
removing, through an interim rule, the Deputy Assistant Administrator for NMFS–2015–0098, and the regulatory
restrictions on bunkering operations, if Regulatory Programs, National Marine impact review (RIR) prepared for the
otherwise authorized by applicable laws Fisheries Service. interim rule, by either of the following
and regulations, in the ELAPS during methods:
the closure period.
PART 300—INTERNATIONAL • Electronic submission: Submit all
FISHERIES REGULATIONS electronic public comments via the
Classification Federal e-Rulemaking Portal.
Subpart O—Western and Central 1. Go to www.regulations.gov/
The Administrator, Pacific Islands Pacific Fisheries for Highly Migratory #!docketDetail;D=NOAA-NMFS-2015-
Region, NMFS, has determined that this Species 0098,
final rule is consistent with the WCPFC 2. Click the ‘‘Comment Now!’’ icon,
Implementation Act and other ■ Accordingly, the interim rule revising
complete the required fields, and
applicable laws. § 300.223, paragraph (a)(1), which was 3. Enter or attach your comments.
published at 80 FR 29220 on May 21,
Administrative Procedure Act 2015, is adopted as a final rule without —OR—
change. • Mail: Submit written comments to
NMFS may waive the 30-day delay in Michael D. Tosatto, Regional
[FR Doc. 2015–20957 Filed 8–24–15; 8:45 am]
effectiveness required under the Administrator, NMFS, Pacific Islands
BILLING CODE 3510–22–P
Administrative Procedure Act, 5 U.S.C. Regional Office (PIRO), 1845 Wasp
553(d), upon a finding of good cause Blvd., Building 176, Honolulu, HI
that the delay is impracticable, DEPARTMENT OF COMMERCE 96818.
unnecessary, or contrary to the public Instructions: Comments sent by any
interest. NMFS finds that it would be National Oceanic and Atmospheric other method, to any other address or
contrary to the public interest to delay Administration individual, or received after the end of
the effective date of this final rule. The the comment period, might not be
requirements have been in effect 50 CFR Part 300 considered by NMFS. All comments
received are a part of the public record
through the interim rule since May 21,
[Docket No. 150629563–5703–01] and will generally be posted for public
2015, and the ELAPS has been closed to
viewing on www.regulations.gov
fishing by U.S. purse seiners since June RIN 0648–BF23 without change. All personal identifying
15, 2015. If this final rule does not enter information (e.g., name and address),
into effect immediately, there could be International Fisheries; Western and
confidential business information, or
public confusion as to whether the Central Pacific Fisheries for Highly
otherwise sensitive information
ELAPS is reopened to fishing until the Migratory Species; Purse Seine
submitted voluntarily by the sender will
rule enters into effect. Thus, this final Fishing Restrictions During Closure
be publicly accessible. NMFS will
rule is effective upon publication in the Periods
accept anonymous comments (enter
Federal Register so there is no AGENCY: National Marine Fisheries ‘‘N/A’’ in the required fields if you wish
perceived regulatory gap in the Service (NMFS), National Oceanic and to remain anonymous).
implementation of the fishing effort Atmospheric Administration (NOAA), Copies of the RIR and the Record of
limit in the ELAPS for 2015. Commerce. Environmental Consideration prepared
ACTION: Interim rule; request for
for National Environmental Policy Act
Executive Order 12866 (NEPA) purposes are available at
comments.
This final rule has been determined to www.regulations.gov or may be obtained
be not significant for purposes of SUMMARY: This interim rule amends the from Michael D. Tosatto, Regional
Executive Order 12866. regulations to remove the restriction Administrator, NMFS PIRO (see address
that prohibits U.S. purse seine vessels above).
Regulatory Flexibility Act from conducting bunkering (refueling) FOR FURTHER INFORMATION CONTACT:
activities in the U.S. exclusive economic Emily Crigler, NMFS PIRO, 808–725–
Because prior notice and opportunity zone (EEZ) and on the high seas 5036.
for public comment were not required between the latitudes of 20° N. and 20°
for the interim rule by 5 U.S.C. 553, or SUPPLEMENTARY INFORMATION:
S. in the area of application of the
any other law, the analytical Convention on the Conservation and Background on the Convention
requirements of the Regulatory Management of Highly Migratory Fish The Convention focuses on the
Flexibility Act, 5 U.S.C. 601 et seq., are Stocks in the Western and Central conservation and management of highly
inapplicable. Therefore, no final Pacific Ocean (Convention), also known migratory species (HMS) and the
regulatory flexibility analysis was as the Effort Limit Area for Purse Seine management of fisheries for HMS. The
required and none has been prepared. or ELAPS, when this area is closed to objective of the Convention is to ensure,
U.S. purse seine fishing. This action through effective management, the long-
List of Subjects in 50 CFR Part 300
would relieve U.S. purse seine vessels term conservation and sustainable use
Administrative practice and from the burden of the prohibition of HMS in the western and central
procedure, Fish, Fisheries, Fishing, while continuing to satisfy U.S. Pacific Ocean (WCPO). To accomplish
Lhorne on DSK5TPTVN1PROD with RULES
Marine resources, Reporting and obligations pursuant to the Western and this objective, the Convention
recordkeeping requirements, Treaties. Central Pacific Fisheries Convention established the Commission on the
Implementation Act. Conservation and Management of
Authority: 16 U.S.C. 6901 et seq.
DATES: This rule is effective on August Highly Migratory Fish Stocks in the
25, 2015. Comments must be submitted Western and Central Pacific Ocean
in writing by September 24, 2015. (WCPFC or Commission). The
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![51480 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations
bunkering is included in the general which brings additional costs to these List of Subjects in 50 CFR Part 300
definition of ‘‘fishing’’ because it is an businesses. It is difficult to estimate the Administrative practice and
activity that directly supports fishing costs to these businesses, but it could be procedure, Fish, Fisheries, Fishing,
operations, Commission decisions do substantial due to lost fishing time, Marine resources, Reporting and
not prohibit bunkering after a fishing transit costs, higher fuel prices, and, in recordkeeping requirements, Treaties.
effort limit is reached, and NMFS the situation of having to go to port,
believes that a prohibition on bunkering port-associated costs. If this rule is Dated: August 19, 2015.
in the ELAPS would have little or no delayed to allow for prior notice and Samuel D. Rauch III,
effect on controlling fishing mortality, opportunity for public comment, it Deputy Assistant Administrator for
which is the underlying objective of could result in substantial economic Regulatory Programs, National Marine
CMM 2014–01. The costs of the costs to the regulated community as the Fisheries Service.
bunkering prohibition outweigh any bunkering prohibition is currently For the reasons set out in the
benefits the prohibition may have. Thus, effective and impacting the regulated preamble, 50 CFR part 300 is amended
this action is consistent with the purse community. In addition, continuing this as follows:
seine fishing effort limit provisions of restriction is not necessary to satisfy the
CMM 2014–01, the objective of which is obligations of the United States as a PART 300—INTERNATIONAL
to reduce or maintain the fishing member of the Commission. FISHERIES REGULATIONS
mortality rates of bigeye tuna, yellowfin
The Assistant Administrative finds Subpart O—Western and Central
tuna, and skipjack tuna at levels no
good cause under 5 U.S.C. 553(d)(3) to Pacific Fisheries for Highly Migratory
greater than the fishing mortality rates
waive the 30-day delay in effectiveness Species
associated with maximum sustainable
because the bunkering prohibition is
yield.
currently effective and impacting the ■ 1. The authority citation for 50 CFR
Classification regulated community. If this rule is part 300, subpart O, continues to read as
delayed to allow for a 30-day delay in follows:
The Administrator, Pacific Islands effectiveness, it could result in
Region, NMFS, has determined that this Authority: 16 U.S.C. 6901 et seq.
substantial economic costs to the
interim rule is consistent with the ■ 2. In § 300.223, paragraph (a)(3) is
regulated community. In order to avoid
WCPFC Implementation Act and other revised to read as follows:
the possible economic impacts, this rule
applicable laws.
needs to be implemented immediately. § 300.223 Purse seine fishing restrictions.
Administrative Procedure Act (APA) * * * * *
Executive Order 12866
The Assistant Administrator finds (a) * * *
good cause under 5 U.S.C. 553(b)(B) to This interim rule has been determined (3) Once a fishery closure is
waive prior notice and the opportunity to be not significant for purposes of announced pursuant to paragraph (a)(2)
for public comment on this action, Executive Order 12866. of this section, fishing vessels of the
because it would be impracticable and United States equipped with purse seine
Regulatory Flexibility Act
contrary to the public interest. This rule gear may not be used to fish in the
removes a restriction that prohibits U.S. Because prior notice and opportunity ELAPS during the period specified in
purse seine vessels from conducting for public comment are not required for the Federal Register notice, except that
bunkering (refueling) activities in the this rule by 5 U.S.C. 553, or any other such vessels are not prohibited from
U.S. exclusive economic zone (EEZ) and law, the analytical requirements of the bunkering in the ELAPS during a fishery
in certain areas of the high seas. Regulatory Flexibility Act, 5 U.S.C. 601 closure.
Without the amendments in this interim et seq., are inapplicable. Therefore, no * * * * *
final rule, vessels would be compelled final regulatory flexibility analysis was [FR Doc. 2015–20955 Filed 8–24–15; 8:45 am]
to bunker in foreign waters or ports, required and none has been prepared. BILLING CODE 3510–22–P
Lhorne on DSK5TPTVN1PROD with RULES
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Document Created: 2018-02-23 11:02:54
Document Modified: 2018-02-23 11:02:54
| 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 | Rules and Regulations | |
| Action | Interim rule; request for comments. | |
| Dates | This rule is effective on August 25, 2015. Comments must be submitted in writing by September 24, 2015. | |
| Contact | Emily Crigler, NMFS PIRO, 808-725- 5036. | |
| FR Citation | 80 FR 51478 | |
| RIN Number | 0648-BF23 | |
| CFR Associated | Administrative Practice and Procedure; Fish; Fisheries; Fishing; Marine Resources; Reporting and Recordkeeping Requirements and Treaties |
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