80_FR_64587 80 FR 64382 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Treatment of U.S. Purse Seine Fishing With Respect to U.S. Territories

80 FR 64382 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Treatment of U.S. Purse Seine Fishing With Respect to U.S. Territories

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 205 (October 23, 2015)

Page Range64382-64384
FR Document2015-26968

This document includes two distinct but related NMFS actions. First, NMFS announces that it has denied a petition for rulemaking from Tri Marine Management Company, LLC, related to purse seine fishing effort limits in the area of competence of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Commission). Second, NMFS issues an advance notice of proposed rulemaking related to the treatment of U.S.- flagged purse seine vessels and their fishing activities in regulations implementing decisions of the Commission.

Federal Register, Volume 80 Issue 205 (Friday, October 23, 2015)
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Proposed Rules]
[Pages 64382-64384]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26968]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 150929898-5951-01]
RIN 0648-XE001; 0648-BF41


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Treatment of U.S. Purse Seine Fishing 
With Respect to U.S. Territories

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

ACTION: Notice of decision on petition for rulemaking; advance notice 
of proposed rulemaking; request for comments.

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SUMMARY: This document includes two distinct but related NMFS actions. 
First, NMFS announces that it has denied a petition for rulemaking from 
Tri Marine Management Company, LLC, related to purse seine fishing 
effort limits in the area of competence of the Commission for the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (Commission). Second, NMFS issues an 
advance notice of proposed rulemaking related to the treatment of U.S.-
flagged purse seine vessels and their fishing activities in regulations 
implementing decisions of the Commission.

DATES: Comments on this advance notice of proposed rulemaking must be 
submitted in writing by November 23, 2015.

ADDRESSES: The notice of receipt of the petition for rulemaking, the 
petition, and the public comments on the petition are available via the 
Federal e-Rulemaking Portal at www.regulations.gov (search for Docket 
ID NOAA-NMFS-2015-0088).
    NMFS is not requesting comments on the notice of decision on the 
petition.
    You may submit comments on the advance notice of proposed 
rulemaking, identified by NOAA-NMFS-2015-0128, 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-2015-0128,
    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).

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS PIRO, 808-725-5032.

SUPPLEMENTARY INFORMATION: 

Background on the Convention

    The Convention on the Conservation and Management of Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean 
(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 WCPO. To 
accomplish this objective, the Convention established the Commission, 
which includes Members, Cooperating Non-members, and Participating 
Territories. The United States of America is a Member. 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 implements domestically conservation and 
management measures adopted by the Commission and other 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 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 
WCPFC Web site at: www.wcpfc.int/doc/convention-area-map.

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 WCPFC 
Implementation Act and have been codified at 50 CFR 300.223(a).
    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.
    NMFS established a purse seine fishing effort limit in the ELAPS 
for 2015 in an interim rule published May 21, 2015 (80 FR 29220). NMFS 
issued a final rule, responding to comments on the interim rule and 
making final the interim rule, on August 25, 2015 (80 FR 51476). The 
limit is 1,828 fishing days.
    On June 8, 2015, NMFS issued a notice announcing that the U.S. 
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 remain in effect through December 31, 2015. The 
closure applies to all U.S. purse seine fishing vessels. During the 
closure, fishing vessels of the United

[[Page 64383]]

States equipped with purse seine gear may not be used to fish in the 
ELAPS.

Petition for Rulemaking

    Under the Administrative Procedure Act, interested persons may 
petition Federal agencies for the issuance, amendment, or repeal of a 
rule.
    As described further below, NMFS received such a petition from Tri 
Marine Management Company, LLC (Tri Marine). On July 17, 2015, NMFS 
issued a notice of receipt of the petition and a request for comments 
on the petition (80 FR 42464). The comment period ended August 17, 
2015.

The Petition

    In a petition 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 fully 
addressed and is not further discussed in this notice. NMFS 
acknowledged that it had received Tri Marine's petition for rulemaking 
in the May 21, 2015, interim rule, and stated that it would consider 
and respond to the petition separately.
    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 at least 50 percent of their catch 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 to include the U.S. 
EEZ. 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.''

Public Comments on the Petition

    NMFS received comments on the petition from about 100 parties, 
including individuals employed in fish processing facilities in 
American Samoa and their families and friends; owners, operators and 
crew members of U.S. purse seine vessels; owners and operators of fish 
processing facilities in American Samoa; other businesses doing 
business in American Samoa; non-governmental organizations; and 
government officials of American Samoa and the United States. Most 
comments were in favor of the petition. Those in favor cited what they 
believed are adverse economic impacts of the 2015 ELAPS limit on purse 
seine fishing businesses, on fish processing facilities and other 
businesses in American Samoa, on employment in those businesses, and on 
the American Samoa economy in general. The comments in opposition to 
the petition argued that the requested action would unfairly favor 
certain businesses in the U.S. purse seine fishery over others and 
would be inconsistent with the Convention and the decisions of the 
Commission.

Decision on the Petition

    After considering the petition and the public comments on the 
petition, NMFS finds that it is not appropriate to grant the 
petitioner's request to issue a rule exempting from the 2015 ELAPS 
limit any U.S.-flagged 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. As 
described in the regulatory impact review prepared for the rule to 
establish the 2015 ELAPS limit, NMFS found that the limit is expected 
to have substantial adverse economic impacts on U.S. purse seine 
fishing businesses in the WCPO, and also that adverse impacts in terms 
of income and employment could occur in business sectors with backward 
and forward linkages to the producers. These sectors could include 
businesses that supply the purse seine fishing vessels, and the fish 
processing facilities in American Samoa. However, to sufficiently 
assess whether such impacts, or other circumstances, warrant the 
regulatory action requested by the petition would require additional 
information that is not readily available to NMFS, as well as 
sufficient time to examine such information. In particular, NMFS does 
not have information that demonstrates that the 2015 ELAPS limit will 
adversely impact American Samoa's fish processing facilities and its 
economy in the manner alleged by the petitioner. The petitioner argues 
that lacking the requested regulatory action, the ability of the 
American Samoa-based purse seine fleet to operate profitably would be 
in serious question, and the loss of a reliable supply of tuna from 
those vessels would jeopardize the ability of the canneries in American 
Samoa to compete in world markets with lower-cost competitors, and 
further, that tuna landings and processing are essential to the overall 
economic health of American Samoa.
    NMFS has received some relevant information in the public comments 
on the petition, and NMFS intends to collect additional economic and 
other information. However, NMFS does not yet have sufficient 
information to determine whether the 2015 ELAPS limit is likely to 
jeopardize the ability of the American Samoa canneries to compete in 
world markets, or to determine how the loss of such competitiveness 
would affect American Samoa's overall economy. Moreover, if the 2015 
ELAPS limit is found to impact American Samoa's fish processing 
facilities and its economy in the manner alleged in the petition, NMFS 
would

[[Page 64384]]

need to determine whether the requested action is appropriate to 
address the problem, and further, whether it can be implemented 
consistent with U.S. obligations under the Convention and other 
applicable laws. NMFS does not expect that collecting and analyzing the 
necessary information, determining the appropriate course of action, if 
any, and completing such action could be accomplished before the end of 
2015. For this reason, NMFS denies the second part of Tri Marine's 
petition for rulemaking.
    Although NMFS has denied the petition, NMFS acknowledges that some 
of the issues raised in the petition warrant further examination. As 
described in the following section, NMFS intends to more fully examine 
the problems raised by the petitioner and by commenters on the 
petition. If the findings of that examination confirm a problem that--
given U.S. obligations under the Convention and other applicable laws--
warrants corrective action, NMFS would consider further rulemaking. At 
this time, however, NMFS cannot predict the timing or provisions of any 
future proposed or final rule.

Advance Notice of Proposed Rulemaking

    Under the WCPFC Implementation Act, NMFS exercises broad discretion 
when determining how it implements Commission decisions, such as purse 
seine fishing restrictions. NMFS intends to examine the potential 
impacts of the domestic implementation of Commission decisions for 
purse seine fisheries on the economies of the U.S. Participating 
Territories, and examine the connectivity between the activities of 
U.S.-flagged purse seine fishing vessels and the economies of the 
territories. Based on those findings, NMFS will consider proposing 
regulations that mitigate adverse economic impacts of purse seine 
fishing restrictions on the U.S. Participating Territories, to the 
extent consistent with U.S. obligations under the Convention. Also, 
NMFS is considering proposing regulations that recognize that in the 
context of the Convention, one or more of the U.S. Participating 
Territories have their own purse seine fisheries that are distinct from 
the purse seine fishery of the United States. In that case, the purse 
seine fisheries of the U.S. Participating Territories might be subject 
to special provisions of the Convention and of Commission decisions, 
and NMFS would implement those provisions and decisions accordingly.
    NMFS notes that the Tri Marine petition focused on the 2015 ELAPS 
limit. This advanced notice of proposed rulemaking is broader in scope, 
and could apply to other types of restrictions on purse seine fishing 
that are adopted by the Commission.
    In summary, NMFS provides notice that it is considering proposing a 
rule that would establish rules and/or procedures to address the 
treatment of U.S.-flagged purse seine vessels and their fishing 
activities and how they relate to the U.S. Participating Territories in 
regulations issued by NMFS that implement decisions of the Commission.
    NMFS solicits comments on this advance notice of proposed 
rulemaking. NMFS is particularly interested in receiving any 
information that would be helpful in assessing the impacts of 
Commission decisions for purse seine fisheries--as implemented 
domestically--on the economies of the U.S. Participating Territories, 
and any information that demonstrates connections between the U.S. 
Participating Territories and U.S.-flagged purse seine vessels and 
their fishing activities.

Classification

    This advance notice of proposed rulemaking has been determined to 
be not significant for the purposes of Executive Order 12866.

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

    Dated: October 19, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-26968 Filed 10-20-15; 4:15 pm]
BILLING CODE 3510-22-P



                                                    64382                    Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Proposed Rules

                                                       Number of Petitions Filed: 2.                           1. Go to www.regulations.gov/                      Department in which the United States
                                                    Federal Communications Commission.                      #!docketDetail;D=NOAA-NMFS-2015-                      Coast Guard is operating (currently the
                                                    Marlene H. Dortch,                                      0128,                                                 Department of Homeland Security), to
                                                                                                               2. Click the ‘‘Comment Now!’’ icon,                promulgate such regulations as may be
                                                    Secretary.
                                                                                                            complete the required fields, and                     necessary to carry out the obligations of
                                                    [FR Doc. 2015–26872 Filed 10–22–15; 8:45 am]               3. Enter or attach your comments.                  the United States under the Convention,
                                                    BILLING CODE 6712–01–P
                                                                                                            - OR -                                                including the decisions of the
                                                                                                               • Mail: Submit written comments to                 Commission. The WCPFC
                                                                                                            Michael D. Tosatto, Regional                          Implementation Act further provides
                                                    DEPARTMENT OF COMMERCE                                                                                        that the Secretary of Commerce shall
                                                                                                            Administrator, NMFS, Pacific Islands
                                                                                                            Regional Office (PIRO), 1845 Wasp                     ensure consistency, to the extent
                                                    National Oceanic and Atmospheric
                                                                                                            Blvd., Building 176, Honolulu, HI                     practicable, of fishery management
                                                    Administration
                                                                                                            96818.                                                programs administered under the
                                                    50 CFR Part 300                                            Instructions: Comments sent by any                 WCPFC Implementation Act and the
                                                                                                            other method, to any other address or                 Magnuson-Stevens Fishery
                                                    [Docket No. 150929898–5951–01]                          individual, or received after the end of              Conservation and Management Act
                                                    RIN 0648–XE001; 0648–BF41                               the comment period, might not be                      (MSA; 16 U.S.C. 1801 et seq.), as well
                                                                                                            considered by NMFS. All comments                      as other specific laws (see 16 U.S.C.
                                                    International Fisheries; Western and                    received are a part of the public record              6905(b)). The Secretary of Commerce
                                                    Central Pacific Fisheries for Highly                    and will generally be posted for public               has delegated the authority to
                                                    Migratory Species; Treatment of U.S.                    viewing on www.regulations.gov                        promulgate regulations under the
                                                    Purse Seine Fishing With Respect to                     without change. All personal identifying              WCPFC Implementation Act to NMFS.
                                                    U.S. Territories                                        information (e.g., name and address),                 A map showing the boundaries of the
                                                                                                            confidential business information, or                 area of application of the Convention
                                                    AGENCY:  National Marine Fisheries                                                                            (Convention Area), which comprises the
                                                                                                            otherwise sensitive information
                                                    Service (NMFS), National Oceanic and                                                                          majority of the WCPO, can be found on
                                                                                                            submitted voluntarily by the sender will
                                                    Atmospheric Administration (NOAA),                                                                            the WCPFC Web site at: www.wcpfc.int/
                                                                                                            be publicly accessible. NMFS will
                                                    Commerce.                                                                                                     doc/convention-area-map.
                                                                                                            accept anonymous comments (enter ‘‘N/
                                                    ACTION: Notice of decision on petition
                                                                                                            A’’ in the required fields if you wish to             Background on Purse Seine Fishing
                                                    for rulemaking; advance notice of                       remain anonymous).
                                                    proposed rulemaking; request for                                                                              Effort Limits in the Convention Area
                                                                                                            FOR FURTHER INFORMATION CONTACT: Tom
                                                    comments.                                                                                                        Since 2009, NMFS regulations have
                                                                                                            Graham, NMFS PIRO, 808–725–5032.
                                                    SUMMARY:    This document includes two                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                  established limits on fishing effort by
                                                    distinct but related NMFS actions. First,                                                                     U.S. purse seine fishing vessels in the
                                                    NMFS announces that it has denied a                     Background on the Convention                          area of application of the Convention
                                                    petition for rulemaking from Tri Marine                   The Convention on the Conservation                  (Convention Area), including in the area
                                                    Management Company, LLC, related to                     and Management of Highly Migratory                    known as the Effort Limit Area for Purse
                                                    purse seine fishing effort limits in the                Fish Stocks in the Western and Central                Seine, or ELAPS, which is comprised of
                                                    area of competence of the Commission                    Pacific Ocean (Convention) focuses on                 all areas of high seas and the U.S.
                                                    for the Conservation and Management of                  the conservation and management of                    exclusive economic zone (EEZ) between
                                                    Highly Migratory Fish Stocks in the                     highly migratory species (HMS) and the                the latitudes of 20° N. and 20° S. in the
                                                    Western and Central Pacific Ocean                       management of fisheries for HMS. The                  Convention Area. These regulations are
                                                    (Commission). Second, NMFS issues an                    objective of the Convention is to ensure,             promulgated under authority of the
                                                    advance notice of proposed rulemaking                   through effective management, the long-               WCPFC Implementation Act and have
                                                    related to the treatment of U.S.-flagged                term conservation and sustainable use                 been codified at 50 CFR 300.223(a).
                                                    purse seine vessels and their fishing                   of HMS in the WCPO. To accomplish                        NMFS has established the purse seine
                                                    activities in regulations implementing                  this objective, the Convention                        fishing effort limits in the ELAPS to
                                                    decisions of the Commission.                            established the Commission, which                     implement a series of Commission
                                                    DATES: Comments on this advance                         includes Members, Cooperating Non-                    decisions for tropical tuna stocks in the
                                                    notice of proposed rulemaking must be                   members, and Participating Territories.               Convention Area.
                                                    submitted in writing by November 23,                    The United States of America is a                        NMFS established a purse seine
                                                    2015.                                                   Member. American Samoa, Guam, and                     fishing effort limit in the ELAPS for
                                                    ADDRESSES: The notice of receipt of the                 the Commonwealth of the Northern                      2015 in an interim rule published May
                                                    petition for rulemaking, the petition,                  Mariana Islands are Participating                     21, 2015 (80 FR 29220). NMFS issued a
                                                    and the public comments on the                          Territories.                                          final rule, responding to comments on
                                                    petition are available via the Federal e-                 As a Contracting Party to the                       the interim rule and making final the
                                                    Rulemaking Portal at                                    Convention and a Member of the                        interim rule, on August 25, 2015 (80 FR
                                                    www.regulations.gov (search for Docket                  Commission, the United States                         51476). The limit is 1,828 fishing days.
                                                    ID NOAA–NMFS–2015–0088).                                implements domestically conservation                     On June 8, 2015, NMFS issued a
                                                                                                            and management measures adopted by                    notice announcing that the U.S. purse
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                      NMFS is not requesting comments on
                                                    the notice of decision on the petition.                 the Commission and other decisions of                 seine fishery in the ELAPS would close
                                                      You may submit comments on the                        the Commission. The Western and                       as a result of reaching the limit of 1,828
                                                    advance notice of proposed rulemaking,                  Central Pacific Fisheries Convention                  fishing days (80 FR 32313). The closure
                                                    identified by NOAA–NMFS–2015–0128,                      Implementation Act (16 U.S.C. 6901 et                 took effect June 15, 2015, and will
                                                    by either of the following methods:                     seq.; WCPFC Implementation Act),                      remain in effect through December 31,
                                                      • Electronic submission: Submit all                   authorizes the Secretary of Commerce,                 2015. The closure applies to all U.S.
                                                    electronic public comments via the                      in consultation with the Secretary of                 purse seine fishing vessels. During the
                                                    Federal e-Rulemaking Portal.                            State and the Secretary of the                        closure, fishing vessels of the United


                                               VerDate Sep<11>2014   17:40 Oct 22, 2015   Jkt 238001   PO 00000   Frm 00013   Fmt 4702   Sfmt 4702   E:\FR\FM\23OCP1.SGM   23OCP1


                                                                            Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Proposed Rules                                           64383

                                                    States equipped with purse seine gear                   The petition states that under the                    Decision on the Petition
                                                    may not be used to fish in the ELAPS.                   Convention, American Samoa is                            After considering the petition and the
                                                                                                            afforded special treatment as a small                 public comments on the petition, NMFS
                                                    Petition for Rulemaking
                                                                                                            island developing state or participating              finds that it is not appropriate to grant
                                                      Under the Administrative Procedure                    territory for purposes of applying                    the petitioner’s request to issue a rule
                                                    Act, interested persons may petition                    conservation and management measures                  exempting from the 2015 ELAPS limit
                                                    Federal agencies for the issuance,                      of the Commission, and therefore NMFS                 any U.S.-flagged purse seine vessel
                                                    amendment, or repeal of a rule.                         should develop rules that exempt from
                                                      As described further below, NMFS                                                                            which, pursuant to contract or
                                                                                                            the ELAPS limit those vessels that                    declaration of intent, delivers or will
                                                    received such a petition from Tri Marine                deliver at least 50 percent of their catch
                                                    Management Company, LLC (Tri                                                                                  deliver at least 50 percent of its catch to
                                                                                                            to the canneries in American Samoa.                   tuna processing facilities based in
                                                    Marine). On July 17, 2015, NMFS issued                     The petition includes further
                                                    a notice of receipt of the petition and a                                                                     American Samoa. As described in the
                                                                                                            information on the basis of the request,              regulatory impact review prepared for
                                                    request for comments on the petition (80
                                                                                                            including information related to the                  the rule to establish the 2015 ELAPS
                                                    FR 42464). The comment period ended
                                                                                                            recommendations of the Governor of                    limit, NMFS found that the limit is
                                                    August 17, 2015.
                                                                                                            American Samoa’s Fisheries Task Force,                expected to have substantial adverse
                                                    The Petition                                            and an ‘‘issue brief’’ with statements                economic impacts on U.S. purse seine
                                                       In a petition dated May 12, 2015, Tri                about the nature of the issue and how                 fishing businesses in the WCPO, and
                                                    Marine requested that NMFS take two                     the requested rule(s) would address it.               also that adverse impacts in terms of
                                                    actions. First, Tri Marine requested that                  In a second letter to NMFS dated May               income and employment could occur in
                                                    ‘‘NOAA undertake an emergency                           26, 2015, which supplements the May                   business sectors with backward and
                                                    rulemaking with respect to the 2015                     12, 2015, petition, Tri Marine                        forward linkages to the producers.
                                                    ELAPS limits for fishing days on the                    acknowledged the interim rule                         These sectors could include businesses
                                                    high seas.’’ Second, Tri Marine                         published May 21, 2015, and amended                   that supply the purse seine fishing
                                                    requested that ‘‘NOAA issue a rule                      its request to include the U.S. EEZ. Tri              vessels, and the fish processing facilities
                                                    exempting from that high seas limit any                 Marine requested that ‘‘NOAA                          in American Samoa. However, to
                                                    US flag purse seine vessel which,                       undertake an emergency rulemaking                     sufficiently assess whether such
                                                    pursuant to contract or declaration of                  with respect to the 2015 ELAPS limits                 impacts, or other circumstances,
                                                    intent, delivers or will deliver at least 50            for fishing days (both) on the high seas              warrant the regulatory action requested
                                                    percent of its catch to tuna processing                 and in the US EEZ,’’ and further                      by the petition would require additional
                                                    facilities based in American Samoa.’’                   requested that ‘‘NOAA issue a rule                    information that is not readily available
                                                       At the time of Tri Marine’s initial                  exempting from the ELAPS limits any                   to NMFS, as well as sufficient time to
                                                    request, NMFS was preparing to issue                    US flag purse seine vessel which,                     examine such information. In particular,
                                                    an interim rule establishing a limit on                 pursuant to contract or declaration of                NMFS does not have information that
                                                    purse seine fishing effort in the ELAPS                 intent, delivers or will deliver at least 50          demonstrates that the 2015 ELAPS limit
                                                    for 2015. As described above, NMFS                      percent of its catch to tuna processing               will adversely impact American
                                                    established a limit in the ELAPS for                    facilities based in American Samoa.’’                 Samoa’s fish processing facilities and its
                                                    2015 in an interim rule published May                   Public Comments on the Petition                       economy in the manner alleged by the
                                                    21, 2015. Accordingly, the first part of                                                                      petitioner. The petitioner argues that
                                                    Tri Marine’s request has been fully                       NMFS received comments on the                       lacking the requested regulatory action,
                                                    addressed and is not further discussed                  petition from about 100 parties,                      the ability of the American Samoa-based
                                                    in this notice. NMFS acknowledged that                  including individuals employed in fish                purse seine fleet to operate profitably
                                                    it had received Tri Marine’s petition for               processing facilities in American Samoa               would be in serious question, and the
                                                    rulemaking in the May 21, 2015, interim                 and their families and friends; owners,               loss of a reliable supply of tuna from
                                                    rule, and stated that it would consider                 operators and crew members of U.S.                    those vessels would jeopardize the
                                                    and respond to the petition separately.                 purse seine vessels; owners and                       ability of the canneries in American
                                                       With regard to the second part of Tri                operators of fish processing facilities in            Samoa to compete in world markets
                                                    Marine’s request, the petition explains                 American Samoa; other businesses                      with lower-cost competitors, and
                                                    that as a result of decisions by the                    doing business in American Samoa;                     further, that tuna landings and
                                                    Republic of Kiribati, U.S. purse seine                  non-governmental organizations; and                   processing are essential to the overall
                                                    vessels’ access to their traditional                    government officials of American Samoa                economic health of American Samoa.
                                                    fishing grounds in 2015 has been                        and the United States. Most comments                     NMFS has received some relevant
                                                    dramatically reduced, and that the high                 were in favor of the petition. Those in               information in the public comments on
                                                    seas portion of the ELAPS can be                        favor cited what they believed are                    the petition, and NMFS intends to
                                                    expected to be closed to fishing as early               adverse economic impacts of the 2015                  collect additional economic and other
                                                    as June. The petition further states that               ELAPS limit on purse seine fishing                    information. However, NMFS does not
                                                    because of the limited fishing grounds                  businesses, on fish processing facilities             yet have sufficient information to
                                                    now available to the American Samoa-                    and other businesses in American                      determine whether the 2015 ELAPS
                                                    based purse seine fleet and other factors,              Samoa, on employment in those                         limit is likely to jeopardize the ability of
                                                    including an unusually low tuna price                   businesses, and on the American Samoa                 the American Samoa canneries to
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                                                    and the higher cost of access to fishing                economy in general. The comments in                   compete in world markets, or to
                                                    grounds in the region, the ability of                   opposition to the petition argued that                determine how the loss of such
                                                    American Samoa-based tuna vessels to                    the requested action would unfairly                   competitiveness would affect American
                                                    operate profitably is in serious question,              favor certain businesses in the U.S.                  Samoa’s overall economy. Moreover, if
                                                    and the loss of a reliable supply of tuna               purse seine fishery over others and                   the 2015 ELAPS limit is found to impact
                                                    from these vessels will jeopardize the                  would be inconsistent with the                        American Samoa’s fish processing
                                                    ability of the canneries in American                    Convention and the decisions of the                   facilities and its economy in the manner
                                                    Samoa to compete in world markets.                      Commission.                                           alleged in the petition, NMFS would


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                                                    64384                   Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Proposed Rules

                                                    need to determine whether the                           Commission decisions, such as purse                      In summary, NMFS provides notice
                                                    requested action is appropriate to                      seine fishing restrictions. NMFS intends              that it is considering proposing a rule
                                                    address the problem, and further,                       to examine the potential impacts of the               that would establish rules and/or
                                                    whether it can be implemented                           domestic implementation of                            procedures to address the treatment of
                                                    consistent with U.S. obligations under                  Commission decisions for purse seine                  U.S.-flagged purse seine vessels and
                                                    the Convention and other applicable                     fisheries on the economies of the U.S.                their fishing activities and how they
                                                    laws. NMFS does not expect that                         Participating Territories, and examine                relate to the U.S. Participating
                                                    collecting and analyzing the necessary                  the connectivity between the activities               Territories in regulations issued by
                                                    information, determining the                            of U.S.-flagged purse seine fishing                   NMFS that implement decisions of the
                                                    appropriate course of action, if any, and               vessels and the economies of the                      Commission.
                                                    completing such action could be                         territories. Based on those findings,                    NMFS solicits comments on this
                                                    accomplished before the end of 2015.                    NMFS will consider proposing                          advance notice of proposed rulemaking.
                                                    For this reason, NMFS denies the                        regulations that mitigate adverse                     NMFS is particularly interested in
                                                    second part of Tri Marine’s petition for                economic impacts of purse seine fishing               receiving any information that would be
                                                    rulemaking.                                             restrictions on the U.S. Participating                helpful in assessing the impacts of
                                                       Although NMFS has denied the                         Territories, to the extent consistent with            Commission decisions for purse seine
                                                    petition, NMFS acknowledges that some                   U.S. obligations under the Convention.                fisheries—as implemented
                                                    of the issues raised in the petition                    Also, NMFS is considering proposing                   domestically—on the economies of the
                                                    warrant further examination. As                         regulations that recognize that in the                U.S. Participating Territories, and any
                                                    described in the following section,                     context of the Convention, one or more                information that demonstrates
                                                    NMFS intends to more fully examine                      of the U.S. Participating Territories have            connections between the U.S.
                                                    the problems raised by the petitioner                   their own purse seine fisheries that are              Participating Territories and U.S.-
                                                    and by commenters on the petition. If                   distinct from the purse seine fishery of              flagged purse seine vessels and their
                                                    the findings of that examination confirm                the United States. In that case, the purse            fishing activities.
                                                    a problem that—given U.S. obligations                   seine fisheries of the U.S. Participating             Classification
                                                    under the Convention and other                          Territories might be subject to special
                                                    applicable laws—warrants corrective                                                                             This advance notice of proposed
                                                                                                            provisions of the Convention and of
                                                    action, NMFS would consider further                                                                           rulemaking has been determined to be
                                                                                                            Commission decisions, and NMFS
                                                    rulemaking. At this time, however,                                                                            not significant for the purposes of
                                                                                                            would implement those provisions and
                                                    NMFS cannot predict the timing or                                                                             Executive Order 12866.
                                                                                                            decisions accordingly.
                                                    provisions of any future proposed or                                                                            Authority: 16 U.S.C. 6901 et seq.
                                                    final rule.                                                NMFS notes that the Tri Marine
                                                                                                            petition focused on the 2015 ELAPS                      Dated: October 19, 2015.
                                                    Advance Notice of Proposed                              limit. This advanced notice of proposed               Eileen Sobeck,
                                                    Rulemaking                                              rulemaking is broader in scope, and                   Assistant Administrator for Fisheries,
                                                     Under the WCPFC Implementation                         could apply to other types of restrictions            National Marine Fisheries Service.
                                                    Act, NMFS exercises broad discretion                    on purse seine fishing that are adopted               [FR Doc. 2015–26968 Filed 10–20–15; 4:15 pm]
                                                    when determining how it implements                      by the Commission.                                    BILLING CODE 3510–22–P
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Document Created: 2015-12-14 15:32:17
Document Modified: 2015-12-14 15:32:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of decision on petition for rulemaking; advance notice of proposed rulemaking; request for comments.
DatesComments on this advance notice of proposed rulemaking must be submitted in writing by November 23, 2015.
ContactTom Graham, NMFS PIRO, 808-725-5032.
FR Citation80 FR 64382 
RIN Number0648-XE00 and 0648-BF41

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