80 FR 80741 - International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for the Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the Western and Central Pacific Fisheries Commission
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 248 (December 28, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 248 (December 28, 2015)
| Page Range | 80741-80744 | |
| FR Document | 2015-32581 |
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)] [Proposed Rules] [Pages 80741-80744] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32581] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 150924885-5999-01] RIN 0648-BF38 International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for the Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the Western and Central Pacific Fisheries Commission AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS hereby proposes regulations under the Tuna Conventions Act to implement Recommendation C-12-11 of the Inter-American Tropical Tuna Commission (IATTC). Recommendation C-12-11 revises the management regime for the area of overlapping jurisdiction between the IATTC and the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC). These proposed regulations provide that the management measures of the IATTC would no longer apply in the area of overlapping jurisdiction, with the exception of regulations governing the IATTC Regional Vessel Register. This action is necessary for the United States to satisfy its obligations as a member of the IATTC. DATES: Comments on the proposed rule and supporting documents must be submitted in writing by January 27, 2016. ADDRESSES: You may submit comments on this document, identified by NOAA-NMFS-2015-0158, by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0158, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Rachael Wadsworth, NMFS West Coast Region Long Beach Office, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier ``NOAA-NMFS-2015-0158'' in the comments. Instructions: Comments must be submitted by one of the above methods to ensure they are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. 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, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Copies of the draft Regulatory Impact Review and other supporting documents are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2015-0158 or by contacting the Regional Administrator, William W. Stelle, Jr., NMFS West Coast Region, 7600 Sand Point Way, NE., Bldg 1, Seattle, WA 98115-0070, or [email protected]. FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS, West Coast Region, 562-980-4036. SUPPLEMENTARY INFORMATION: Background on the IATTC The United States is a member of the IATTC, which was established under the 1949 Convention for the Establishment of an Inter-American Tropical Tuna Commission. The full text of the 1949 Convention is available at: http://www.iattc.org/PDFFiles/IATTC_convention_1949.pdf. The IATTC consists of 21 member nations and four cooperating non- member nations and facilitates scientific research into, as well as the conservation and management of, highly migratory species of fish in the IATTC Convention Area. The IATTC Convention Area is defined as waters of the eastern Pacific Ocean (EPO) within the area bounded by the west coast of the Americas and by 50[deg] N. latitude, 150[deg] W. longitude, and 50[deg] S. latitude. The IATTC has maintained a scientific research and fishery monitoring program for many years, and regularly assesses the status of tuna and billfish stocks in the EPO to determine appropriate catch limits and other measures deemed necessary to promote sustainable fisheries and prevent the overexploitation of these stocks. International Obligations of the United States Under the Convention As a Contracting Party to the 1949 Convention and a member of the IATTC, the United States is legally bound to implement decisions of the IATTC. The Tuna Conventions Act (16 U.S.C. 951-962), as amended on November 5, 2015, by Title II of Public Law 114-81, provides that the Secretary of Commerce, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department of Homeland Security, may promulgate such regulations as may be necessary to carry out the United States international obligations under the Convention, including recommendations and decisions adopted by the IATTC. The Secretary's authority to promulgate such regulations has been delegated to NMFS. Area of Overlap Recommendation In 2004, the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean entered into force. The Convention's area of application (WCPFC Convention Area) overlaps with the IATTC Convention Area. The two convention areas overlap in the Pacific Ocean waters within a rectangular area bounded by 50[deg] S. latitude, 150[deg] W. [[Page 80742]] longitude, 130[deg] W. longitude, and 4[deg] S. latitude (``Area of Overlap''). The IATTC and WCPFC recognized the need to clarify the management measures in the Area of Overlap, and the IATTC adopted Recommendation C-12-11 (IATTC--WCPFC Overlap Area) at its 84th meeting in October 2012. Recommendation C-12-11 sets forth specific provisions for management of the Area of Overlap. Specifically, Recommendation C-12-11 calls for each flag State member, if it is a member of both organizations, to decide whether IATTC or WCPFC conservation and management measures will apply to vessels listed in the registers of both organizations while fishing in the Area of Overlap. In December 2012, the WCPFC adopted a nearly identical decision. The record of the WCPFC's decision can be found at paragraph 80 in the Summary Report for the Ninth Regular Session of the WCPFC, which is available at: https://www.wcpfc.int/system/files/WCPFC9-Summary-Report-final.pdf. NMFS Proposal As stated above, the United States is a member of the IATTC. The United States is also a member of the WCPFC, and implements WCPFC decisions under the authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act; 16 U.S.C. 6901 et seq.). Currently, both the U.S. regulations that implement the decisions of the IATTC (see 50 CFR part 300, subpart C) and the regulations that implement the decisions of the WCPFC (see 50 CFR part 300, subpart O) apply in the Area of Overlap. Rather than apply one Commission's measures to an individual vessel or gear type and the other Commission's measures to another vessel or gear type, NMFS proposes to apply the WCPFC's management measures to the entire U.S. fleet. NMFS proposes this application of the regulations because each Commission develops a comprehensive and self-contained package of management measures to address similar conservation objectives. If one set of management measures were applied to some vessels and another set to others, management would fail to address the conservation objectives of either Commission. NMFS proposes that the decisions of the WCPFC, rather than those of the IATTC, apply in the Area of Overlap because the U.S. fisheries impacted by this rulemaking occur mostly in the WCPFC Convention Area. In other words, the impacted fisheries are subject to regulations that implement the decisions of the WCPFC at 50 CFR part 300, subpart O, in most of their fishing grounds. Being subject to only this set of regulations when fishing inside the Area of Overlap--rather than being subject to only the IATTC-related regulations in that area--would provide more uniform regulations for these fisheries. Alternatively, NMFS also welcomes public input on alternatives to this rule, i.e., such as requiring U.S. vessels to adhere to some or all conservation measures of the IATTC, rather than those of the WCPFC, in the Area of Overlap. Depending on the input received, the final rule might be adjusted accordingly. U.S. vessels do not fish in the Area of Overlap often, but the two gear types that have fished in the Area of Overlap since 2008 are troll vessels that harvest South Pacific albacore and purse seine vessels that harvest tropical tuna. The majority of the South Pacific albacore troll fishery occurs in the WCPFC Convention Area outside the Area of Overlap (i.e., west of 150[deg] W.), and some fishing has occurred in the Area of Overlap (Table 1). These fisheries are described in the Classification section below. Table 1--Number of U.S. Troll Vessels (i.e., Vessels) and Days Fished by Vessels (i.e., Vessel Days) in the Pacific Ocean for South Pacific Albacore From 2008 to 2014 (Data Provided by NMFS Southwest Fisheries Science Center) [Data for 2013 and 2014 are considered preliminary] ---------------------------------------------------------------------------------------------------------------- East of 130[deg] W. Area of overlap West of 150[deg] W. ----------------------------------------------------------------- Year vessel- vessel- vessel- vessels days vessels days vessels days ---------------------------------------------------------------------------------------------------------------- 2008.......................................... -- -- 3 93 3 162 2009.......................................... 0 0 4 17 4 180 2010.......................................... 3 7 5 58 6 339 2011.......................................... 0 0 3 7 6 310 2012.......................................... 6 17 9 152 9 378 2013.......................................... 0 0 0 0 6 325 2014.......................................... 0 0 7 116 8 503 ---------------------------------------------------------------------------------------------------------------- -- indicates data are for fewer than three vessels. Although under this proposed rule, regulations implementing WCPFC decisions would continue to apply in the Area of Overlap, NMFS also proposes that regulations in 50 CFR 300.22 that pertain to the IATTC Regional Vessel Register would still apply with respect to U.S. vessels that are used to fish in the Area of Overlap. NMFS proposes that IATTC Regional Vessel Register regulations continue to apply so that the United States can continue to fulfill its obligations under the Agreement on the International Dolphin Conservation Program (AIDCP) in the Area of Overlap. The IATTC Regional Vessel Register is used as a mechanism to implement AIDCP provisions, including vessel assessment fees, observer coverage, and authorization for the active status of purse seine vessels. Therefore, the IATTC Regional Vessel Register requirements that include the cost associated with vessel assessment fees would continue to apply in the Area of Overlap. In addition, the United States is obligated to manage U.S. purse seine well volume capacity in the IATTC Convention Area within the limits established by the IATTC, and the IATTC Regional Vessel Register is used for this purpose. Similarly, the IATTC Regional Vessel Register is used to manage the one-trip option for U.S. purse seine vessels licensed under the South Pacific Tuna Treaty for fishing trips that do not exceed 90 days in duration. Proposed Regulations for Area of Overlap This proposed rule would implement Recommendation C-12-11 and establish that, in the Area of Overlap, the [[Page 80743]] regulations that implement the decisions of the IATTC at 50 CFR part 300, subpart C, would not apply; however, regulations pertaining to the IATTC Regional Vessel Register at 50 CFR 300.22(b) would still apply. The decisions of the WCPFC as implemented by NMFS regulations at 50 CFR part 300, subpart O, would continue to apply in the Area of Overlap. Under this proposed rule, the definition of the IATTC Convention Area would be revised into two parts: (1) include the Area of Overlap in the definition of the IATTC Convention Area for the purpose of IATTC Regional Vessel Register regulations at 50 CFR 300.22(b), and (2) exclude the Area of Overlap in the definition of the Convention Area for the purpose of regulations at 50 CFR part 300, subpart C. Classification The NMFS Assistant Administrator has determined that this proposed rule is consistent with the Tuna Conventions Act and other applicable laws. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. Additionally, although there are no new collection-of-information requirements associated with this action that are subject to the Paperwork Reduction Act, existing collection-of-information requirements still apply under the following Control Numbers: (1) 0648- 0596, Vessel Monitoring System (VMS) Requirements under the WCPFC; (2) 0648-0595, WCPFC Vessel Information Family of Forms; (3) 0648-0649, Transshipment Requirements under the WPCFC; and (4) 0648-0204, West Coast Region Family of Forms. Notwithstanding any other provision of the law, no person is required to respond to, and no person shall be subject to penalty for failure to comply with, a collection-of- information subject to the requirements of the PRA, unless that collection-of-information displays a currently valid OMB control number. Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The rationale for the certification is provided in the following paragraphs. As described in the SUPPLEMENTARY INFORMATION above, the proposed regulations would implement Recommendation C-12-11 adopted by the IATTC at its October 2012 meeting. Recommendation C-12-11 calls for each flag State member, if it is a member of both organizations, to decide whether IATTC or WCPFC conservation and management measures will apply to vessels listed in the registers of both organizations while fishing in the Area of Overlap. Currently, both the U.S. regulations that implement the decisions of the IATTC (see 50 CFR part 300, subpart C) and the regulations that implement the decisions of the WCPFC (see 50 CFR part 300, subpart O) apply in the Area of Overlap. This proposed rule would provide that the regulations that implement management measures of the IATTC would no longer apply in the Area of Overlap, with the exception of regulations governing the IATTC Regional Vessel Register. The failure to promulgate the proposed action would continue to require the decisions of both the IATTC and WCPFC to apply in the Area of Overlap. Alternatively, the implementation of Recommendation C-12-11 would establish the application of the measures of only one organization (i.e., the WCPFC) as opposed to both organizations (i.e., the WCPFC and the IATTC). On June 12, 2014, the Small Business Administration (SBA) issued an interim final rule revising the small business size standards for several industries effective July 14, 2014 (79 FR 33467). The rule increased the size standard for Finfish Fishing from $19.0 million to $20.5 million, Shellfish Fishing from $5.0 million to $5.5 million, and Other Marine Fishing from $7.0 million to $7.5 million. The National Marine Fisheries Service (NMFS) conducted its analysis for this action in light of the new size standards. NMFS considers all entities subject to this action to be small entities as defined by both the former, lower size standards and the revised size standards. The small entities that would be affected by the proposed action are all U.S. vessels that may fish for tuna or tuna-like species in the Area of Overlap; however, U.S. vessels do not fish for tuna or tuna-like species in the Area of Overlap often. Since 2008, no U.S. fishing vessel with pelagic longline gear has fished in the Area of Overlap. Two gear types that have fished in the Area of Overlap since 2008 are troll vessels that harvest South Pacific albacore and purse seine vessels that harvest tropical tunas. There are two components to the U.S. tuna purse seine fishery in the EPO: (1) purse seine vessels with at least 363 mt fish hold volume (class size 6 vessels) that are typically based in the western and central Pacific Ocean (WCPO), and (2) coastal purse seine vessels with smaller fish hold volume that are based on the U.S. West Coast. Because the coastal purse seine vessels do not typically fish south of the equator or on the high seas, this rule would likely only affect the size class 6 purse seine vessels. In recent years, most of the yellowfin, skipjack, and bigeye tuna catch in the EPO have been landed by size class 6 purse seine vessels. Estimates of ex-vessel revenues in this purse seine fishery in the IATTC Convention Area since 2005 are confidential and may not be publicly disclosed because of the small number of vessels in the fishery. In the Area of Overlap, no purse seine vessels fished from 2008 to 2010, fewer than three purse seine vessels fished in 2011 and 2012 (therefore, their landings and revenue are confidential), and no purse seine vessels fished in 2013 or 2014. As of November 2015, there are 22 size class 6 purse seine vessels on the IATTC Regional Vessel Register and 40 size class 6 purse seine vessels on the WCPFC Record of Fishing Vessels. For the purse seine fishery based in the WCPO, NMFS estimates that the average annual receipts over 2010 to 2012 for each purse seine vessel were less than the $20.5 million threshold for finfish harvesting businesses (the greatest was about $19 million) based on the catches of each vessel in the purse seine fleet during that period and indicative regional cannery prices developed by the Pacific Islands Forum Fisheries Agency (available online: https://www.ffa.int/node/425#attachments). Since 2012, cannery prices have declined dramatically, so the vessels' revenues in 2013 and 2014 have very likely declined as well. U.S. vessels that fish with troll gear in the Pacific Ocean can be described as part of the North Pacific albacore troll fishery and the South Pacific albacore troll fishery. As of November 2, 2015, there are 1,394 vessels with active Pacific Highly Migratory Species permits authorized to use troll gear. An average of 640 West Coast albacore trollers participated in the fishery from 2008 to 2014, with an average ex-vessel revenue of approximately $53,829 per vessel. The North Pacific albacore troll fishery occurs mostly in the IATTC Convention Area from April through November, while the South Pacific albacore troll fishery occurs almost exclusively in the WCPFC Convention Area from November through April. From 2008 to 2012, and in 2014, fewer than three U.S. West Coast trollers participated in the South Pacific albacore fishery and landed on the West Coast. In 2013, four West Coast trollers [[Page 80744]] participated in the South Pacific albacore fishery and landed on the West Coast, with an ex-vessel revenue of about $275,000 per vessel. To estimate revenues, only data from vessels that landed on the West Coast were used. From 2008 to 2014, the number of U.S. trollers targeting South Pacific albacore in the Area of Overlap has ranged from three to nine vessels on an annual basis (Table 1). However, fishing activity in the Area of Overlap could change with ocean conditions such as El Ni[ntilde]o Southern Oscillation events. This action will not increase the economic or record keeping and reporting burden on U.S. vessel owners and operators; but rather, the rule is expected to reduce the burden because affected vessels will only be required to follow the measures of one organization (i.e., the WCPFC) rather than both organizations (i.e., the WCPFC and the IATTC) in the Area of Overlap. For example, WCPFC regulations at Sec. 300.223(a) establish a limit of 1,828 purse seine fishing days in the WCPFC Convention Area in the areas of high seas and U.S. EEZ between 20[deg] N. latitude and 20[deg] S. latitude (an area known as the ELAPS), which includes some of the Area of Overlap, for calendar year 2015. The limit was reached and a closure of the applicable area to purse seine fishing took effect June 15, 2015, and will remain in effect through December 31, 2015 (80 FR 32313). In contrast, the IATTC implementing regulations at Sec. 300.25(f) provide that U.S. purse seine vessels select one of two options for 62-day closures in the IATTC Convention Area for 2015 and 2016. Under this proposed rule, vessel owners would not have to comply with both sets of purse seine closures in the Area of Overlap, only the WCPFC closure. In other instances, this regulation would remove duplicative regulations governing the U.S. fleet in the Area of Overlap. However, vessel owners and operators will still need to comply with the IATTC Regional Vessel Register requirements, such as vessel assessment fees and observer coverage. In addition, this action is not expected to change the typical fishing practices of impacted vessels because the U.S. fisheries affected by this rulemaking occur mostly in the WCPFC Convention Area. In other words, the impacted fisheries are subject to regulations that implement the decisions of the WCPFC at 50 CFR part 300, subpart O, in most of their fishing grounds. Imposing only this set of regulations to vessels fishing inside the Area of Overlap would provide more uniform regulations for these fisheries. Pursuant to the Regulatory Flexibility Act and the SBA's June 20, 2013, and June 14, 2014, final rules (78 FR 37398 and 79 FR 33647, respectively), this certification was developed for this action using the SBA's revised size standards. NMFS considers all entities subject to this action to be small entities as defined by both the former, lower size standards and the revised size standards. Because each affected vessel is a small business, this proposed action is considered to equally affect all of these small entities in the same manner. Based on the disproportionality and profitability analysis above, the proposed action, if adopted, will not have adverse or disproportional economic impact on these small business entities. Therefore, the proposed action would not have a significant economic impact on a substantial number of small entities. As a result, an Initial Regulatory Flexibility Analysis is not required, and was not prepared for this proposed rule. List of Subjects in 50 CFR Part 300 Fish, Fisheries, Fishing, Fishing vessels, International organizations, Marine resources, Reporting and recordkeeping requirements, Treaties. Dated: December 17, 2015. Eileen Sobeck, Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 300 is proposed to be amended as follows: PART 300--INTERNATIONAL FISHERIES REGULATIONS 0 1. The authority citation for part 300, subpart C, continues to read as follows: Authority: 16 U.S.C. 951 et seq. 0 2. In Sec. 300.21, revise the definition for ``Convention Area'' in alphabetical order to read as follows: Sec. 300.21 Definitions. * * * * * Convention Area or IATTC Convention Area means: (1) for the purpose of section 300.22(b) of this subpart, all waters of the Pacific Ocean within the area bounded by the west coast of the Americas and by 50[deg] N. latitude from the coast of North America to its intersection with 150[deg] W. longitude, then 150[deg] W. longitude to its intersection with 50[deg] S. latitude, and then 50[deg] S. latitude to its intersection with the coast of South America; and (2) for the purpose of all other sections and paragraphs of this subpart, all waters of the Pacific Ocean within the area bounded by the west coast of the Americas and by 50[deg] N. latitude from the coast of North America to its intersection with 150[deg] W. longitude, then 150[deg] W. longitude to its intersection with 4[deg] S. latitude, then 4[deg] S. to its intersection with 130[deg] W. longitude, then 130[deg] W. longitude to its intersection with 50[deg] S. latitude, and then 50[deg] S. latitude to its intersection with the coast of South America. * * * * * [FR Doc. 2015-32581 Filed 12-24-15; 8:45 am] BILLING CODE 3510-22-P
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Distance operated the area of overlapping jurisdiction, Background on the IATTC
(miles) Maximum with the exception of regulations
allowance governing the IATTC Regional Vessel The United States is a member of the
Over Up to and (minutes)
Register. This action is necessary for the IATTC, which was established under
including the 1949 Convention for the
United States to satisfy its obligations as
a member of the IATTC. Establishment of an Inter-American
200 ............ 300 15
300 ............ 400 20 Tropical Tuna Commission. The full
DATES:Comments on the proposed rule text of the 1949 Convention is available
400 ............ 500 25
and supporting documents must be at: http://www.iattc.org/PDFFiles/
500 ............ No limit 30
submitted in writing by January 27, IATTC_convention_1949.pdf.
2016.
§ 1040.4 Calculation of quarterly on-time The IATTC consists of 21 member
performance. ADDRESSES: You may submit comments nations and four cooperating non-
In any given calendar quarter, on-time on this document, identified by NOAA– member nations and facilitates scientific
performance shall be calculated as a NMFS–2015–0158, by any of the research into, as well as the
percentage using the following formula: following methods: conservation and management of, highly
(a) The denominator shall be the • Electronic Submission: Submit all migratory species of fish in the IATTC
number of trains that operated during electronic public comments via the Convention Area. The IATTC
that calendar quarter, excluding any Federal e-Rulemaking Portal. Go to Convention Area is defined as waters of
train not operating from its scheduled http://www.regulations.gov/#!docket the eastern Pacific Ocean (EPO) within
origin to its scheduled destination; and Detail;D=NOAA-NMFS-2015-0158, click the area bounded by the west coast of
(b) The numerator shall be the the ‘‘Comment Now!’’ icon, complete the Americas and by 50° N. latitude,
number of trains included in the the required fields, and enter or attach 150° W. longitude, and 50° S. latitude.
denominator that also satisfy the your comments. The IATTC has maintained a scientific
definition of ‘‘on-time performance,’’ as • Mail: Submit written comments to research and fishery monitoring
set forth in §§ 1040.2 and 1040.3. Rachael Wadsworth, NMFS West Coast program for many years, and regularly
[FR Doc. 2015–32411 Filed 12–24–15; 8:45 am] Region Long Beach Office, 501 W. assesses the status of tuna and billfish
BILLING CODE 4915–01–P Ocean Blvd., Suite 4200, Long Beach, stocks in the EPO to determine
CA 90802. Include the identifier appropriate catch limits and other
‘‘NOAA–NMFS–2015–0158’’ in the measures deemed necessary to promote
DEPARTMENT OF COMMERCE comments. sustainable fisheries and prevent the
overexploitation of these stocks.
Instructions: Comments must be
National Oceanic and Atmospheric submitted by one of the above methods International Obligations of the United
Administration to ensure they are received, States Under the Convention
documented, and considered by NMFS.
50 CFR Part 300 Comments sent by any other method, to As a Contracting Party to the 1949
any other address or individual, or Convention and a member of the IATTC,
[Docket No. 150924885–5999–01]
received after the end of the comment the United States is legally bound to
RIN 0648–BF38 period, may not be considered. All implement decisions of the IATTC. The
comments received are a part of the Tuna Conventions Act (16 U.S.C. 951–
International Fisheries; Pacific Tuna 962), as amended on November 5, 2015,
Fisheries; Fishing Restrictions for the public record and will generally be
posted for public viewing on by Title II of Public Law 114–81,
Area of Overlap Between the provides that the Secretary of
Convention Areas of the Inter- www.regulations.gov without change.
All personal identifying information Commerce, in consultation with the
American Tropical Tuna Commission Secretary of State and, with respect to
and the Western and Central Pacific (e.g., name, address, etc.) submitted
voluntarily by the sender will be enforcement measures, the Secretary of
Fisheries Commission the Department of Homeland Security,
publicly accessible. Do not submit
AGENCY: National Marine Fisheries confidential business information, or may promulgate such regulations as
Service (NMFS), National Oceanic and otherwise sensitive or protected may be necessary to carry out the
Atmospheric Administration (NOAA), information. NMFS will accept United States international obligations
Commerce. anonymous comments (enter ‘‘N/A’’ in under the Convention, including
ACTION: Proposed rule; request for the required fields if you wish to remain recommendations and decisions
comments. anonymous). adopted by the IATTC. The Secretary’s
authority to promulgate such
Copies of the draft Regulatory Impact
SUMMARY: NMFS hereby proposes regulations has been delegated to
Review and other supporting documents
regulations under the Tuna Conventions NMFS.
are available via the Federal
Act to implement Recommendation C– eRulemaking Portal: http:// Area of Overlap Recommendation
12–11 of the Inter-American Tropical www.regulations.gov, docket NOAA–
Tuna Commission (IATTC). NMFS–2015–0158 or by contacting the In 2004, the Convention on the
Recommendation C–12–11 revises the Regional Administrator, William W. Conservation and Management of
management regime for the area of Highly Migratory Fish Stocks in the
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Stelle, Jr., NMFS West Coast Region,
overlapping jurisdiction between the 7600 Sand Point Way, NE., Bldg 1, Western and Central Pacific Ocean
IATTC and the Commission for the Seattle, WA 98115–0070, or Regional entered into force. The Convention’s
Conservation and Management of Administrator.WCRHMS@noaa.gov. area of application (WCPFC Convention
Highly Migratory Fish Stocks in the Area) overlaps with the IATTC
Western and Central Pacific Ocean FOR FURTHER INFORMATION CONTACT: Convention Area. The two convention
(WCPFC). These proposed regulations Rachael Wadsworth, NMFS, West Coast areas overlap in the Pacific Ocean
provide that the management measures Region, 562–980–4036. waters within a rectangular area
of the IATTC would no longer apply in SUPPLEMENTARY INFORMATION: bounded by 50° S. latitude, 150° W.
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![80742 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Proposed Rules
longitude, 130° W. longitude, and 4° S. Central Pacific Fisheries Convention words, the impacted fisheries are
latitude (‘‘Area of Overlap’’). Implementation Act (WCPFC subject to regulations that implement
The IATTC and WCPFC recognized Implementation Act; 16 U.S.C. 6901 et the decisions of the WCPFC at 50 CFR
the need to clarify the management seq.). Currently, both the U.S. part 300, subpart O, in most of their
measures in the Area of Overlap, and regulations that implement the fishing grounds. Being subject to only
the IATTC adopted Recommendation C– decisions of the IATTC (see 50 CFR part this set of regulations when fishing
12–11 (IATTC—WCPFC Overlap Area) 300, subpart C) and the regulations that inside the Area of Overlap—rather than
at its 84th meeting in October 2012. implement the decisions of the WCPFC being subject to only the IATTC-related
Recommendation C–12–11 sets forth (see 50 CFR part 300, subpart O) apply regulations in that area—would provide
specific provisions for management of in the Area of Overlap. Rather than more uniform regulations for these
the Area of Overlap. Specifically, apply one Commission’s measures to an fisheries. Alternatively, NMFS also
Recommendation C–12–11 calls for each individual vessel or gear type and the welcomes public input on alternatives
flag State member, if it is a member of other Commission’s measures to another to this rule, i.e., such as requiring U.S.
both organizations, to decide whether vessel or gear type, NMFS proposes to vessels to adhere to some or all
IATTC or WCPFC conservation and apply the WCPFC’s management conservation measures of the IATTC,
management measures will apply to measures to the entire U.S. fleet. NMFS rather than those of the WCPFC, in the
vessels listed in the registers of both proposes this application of the Area of Overlap. Depending on the
organizations while fishing in the Area regulations because each Commission input received, the final rule might be
of Overlap. In December 2012, the develops a comprehensive and self- adjusted accordingly.
WCPFC adopted a nearly identical contained package of management
decision. The record of the WCPFC’s U.S. vessels do not fish in the Area of
measures to address similar Overlap often, but the two gear types
decision can be found at paragraph 80 conservation objectives. If one set of
in the Summary Report for the Ninth that have fished in the Area of Overlap
management measures were applied to since 2008 are troll vessels that harvest
Regular Session of the WCPFC, which is some vessels and another set to others,
available at: https://www.wcpfc.int/ South Pacific albacore and purse seine
management would fail to address the vessels that harvest tropical tuna. The
system/files/WCPFC9-Summary-Report- conservation objectives of either
final.pdf. majority of the South Pacific albacore
Commission. troll fishery occurs in the WCPFC
NMFS Proposal NMFS proposes that the decisions of Convention Area outside the Area of
As stated above, the United States is the WCPFC, rather than those of the Overlap (i.e., west of 150° W.), and some
a member of the IATTC. The United IATTC, apply in the Area of Overlap fishing has occurred in the Area of
States is also a member of the WCPFC, because the U.S. fisheries impacted by Overlap (Table 1). These fisheries are
and implements WCPFC decisions this rulemaking occur mostly in the described in the Classification section
under the authority of the Western and WCPFC Convention Area. In other below.
TABLE 1—NUMBER OF U.S. TROLL VESSELS (i.e., VESSELS) AND DAYS FISHED BY VESSELS (i.e., VESSEL DAYS) IN THE
PACIFIC OCEAN FOR SOUTH PACIFIC ALBACORE FROM 2008 TO 2014 (DATA PROVIDED BY NMFS SOUTHWEST FISH-
ERIES SCIENCE CENTER)
[Data for 2013 and 2014 are considered preliminary]
East of 130° W. Area of overlap West of 150° W.
Year vessel- vessel- vessel-
vessels vessels vessels
days days days
2008 ......................................................................................................... — — 3 93 3 162
2009 ......................................................................................................... 0 0 4 17 4 180
2010 ......................................................................................................... 3 7 5 58 6 339
2011 ......................................................................................................... 0 0 3 7 6 310
2012 ......................................................................................................... 6 17 9 152 9 378
2013 ......................................................................................................... 0 0 0 0 6 325
2014 ......................................................................................................... 0 0 7 116 8 503
— indicates data are for fewer than three vessels.
Although under this proposed rule, in the Area of Overlap. The IATTC established by the IATTC, and the
regulations implementing WCPFC Regional Vessel Register is used as a IATTC Regional Vessel Register is used
decisions would continue to apply in mechanism to implement AIDCP for this purpose. Similarly, the IATTC
the Area of Overlap, NMFS also provisions, including vessel assessment Regional Vessel Register is used to
proposes that regulations in 50 CFR fees, observer coverage, and manage the one-trip option for U.S.
300.22 that pertain to the IATTC authorization for the active status of purse seine vessels licensed under the
Regional Vessel Register would still purse seine vessels. Therefore, the South Pacific Tuna Treaty for fishing
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apply with respect to U.S. vessels that IATTC Regional Vessel Register trips that do not exceed 90 days in
are used to fish in the Area of Overlap. requirements that include the cost duration.
NMFS proposes that IATTC Regional associated with vessel assessment fees
Vessel Register regulations continue to would continue to apply in the Area of Proposed Regulations for Area of
apply so that the United States can Overlap. In addition, the United States Overlap
continue to fulfill its obligations under is obligated to manage U.S. purse seine This proposed rule would implement
the Agreement on the International well volume capacity in the IATTC Recommendation C–12–11 and establish
Dolphin Conservation Program (AIDCP) Convention Area within the limits that, in the Area of Overlap, the
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![80744 Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Proposed Rules
participated in the South Pacific comply with the IATTC Regional Vessel Dated: December 17, 2015.
albacore fishery and landed on the West Register requirements, such as vessel Eileen Sobeck,
Coast, with an ex-vessel revenue of assessment fees and observer coverage. Assistant Administrator for Fisheries,
about $275,000 per vessel. To estimate In addition, this action is not National Marine Fisheries Service.
revenues, only data from vessels that expected to change the typical fishing For the reasons set out in the
landed on the West Coast were used. practices of impacted vessels because preamble, 50 CFR part 300 is proposed
From 2008 to 2014, the number of U.S.
the U.S. fisheries affected by this to be amended as follows:
trollers targeting South Pacific albacore
rulemaking occur mostly in the WCPFC
in the Area of Overlap has ranged from PART 300—INTERNATIONAL
Convention Area. In other words, the
three to nine vessels on an annual basis FISHERIES REGULATIONS
(Table 1). However, fishing activity in impacted fisheries are subject to
the Area of Overlap could change with regulations that implement the
■ 1. The authority citation for part 300,
ocean conditions such as El Niño decisions of the WCPFC at 50 CFR part
subpart C, continues to read as follows:
Southern Oscillation events. 300, subpart O, in most of their fishing
grounds. Imposing only this set of Authority: 16 U.S.C. 951 et seq.
This action will not increase the
economic or record keeping and regulations to vessels fishing inside the ■ 2. In § 300.21, revise the definition for
reporting burden on U.S. vessel owners Area of Overlap would provide more ‘‘Convention Area’’ in alphabetical
and operators; but rather, the rule is uniform regulations for these fisheries. order to read as follows:
expected to reduce the burden because Pursuant to the Regulatory Flexibility § 300.21 Definitions.
affected vessels will only be required to Act and the SBA’s June 20, 2013, and
follow the measures of one organization June 14, 2014, final rules (78 FR 37398 * * * * *
(i.e., the WCPFC) rather than both Convention Area or IATTC
and 79 FR 33647, respectively), this
organizations (i.e., the WCPFC and the Convention Area means:
certification was developed for this
IATTC) in the Area of Overlap. For (1) for the purpose of section
action using the SBA’s revised size
example, WCPFC regulations at 300.22(b) of this subpart, all waters of
standards. NMFS considers all entities
§ 300.223(a) establish a limit of 1,828 the Pacific Ocean within the area
subject to this action to be small entities
purse seine fishing days in the WCPFC bounded by the west coast of the
as defined by both the former, lower Americas and by 50° N. latitude from
Convention Area in the areas of high size standards and the revised size
seas and U.S. EEZ between 20° N. the coast of North America to its
standards. Because each affected vessel intersection with 150° W. longitude,
latitude and 20° S. latitude (an area is a small business, this proposed action
known as the ELAPS), which includes then 150° W. longitude to its
is considered to equally affect all of intersection with 50° S. latitude, and
some of the Area of Overlap, for
these small entities in the same manner. then 50° S. latitude to its intersection
calendar year 2015. The limit was
Based on the disproportionality and with the coast of South America; and
reached and a closure of the applicable
profitability analysis above, the (2) for the purpose of all other
area to purse seine fishing took effect
proposed action, if adopted, will not sections and paragraphs of this subpart,
June 15, 2015, and will remain in effect
have adverse or disproportional all waters of the Pacific Ocean within
through December 31, 2015 (80 FR
32313). In contrast, the IATTC economic impact on these small the area bounded by the west coast of
implementing regulations at § 300.25(f) business entities. Therefore, the the Americas and by 50° N. latitude
provide that U.S. purse seine vessels proposed action would not have a from the coast of North America to its
select one of two options for 62-day significant economic impact on a intersection with 150° W. longitude,
closures in the IATTC Convention Area substantial number of small entities. As then 150° W. longitude to its
for 2015 and 2016. Under this proposed a result, an Initial Regulatory Flexibility intersection with 4° S. latitude, then 4°
rule, vessel owners would not have to Analysis is not required, and was not S. to its intersection with 130° W.
comply with both sets of purse seine prepared for this proposed rule. longitude, then 130° W. longitude to its
closures in the Area of Overlap, only the List of Subjects in 50 CFR Part 300 intersection with 50° S. latitude, and
WCPFC closure. In other instances, this then 50° S. latitude to its intersection
regulation would remove duplicative Fish, Fisheries, Fishing, Fishing with the coast of South America.
regulations governing the U.S. fleet in vessels, International organizations, * * * * *
the Area of Overlap. However, vessel Marine resources, Reporting and [FR Doc. 2015–32581 Filed 12–24–15; 8:45 am]
owners and operators will still need to recordkeeping requirements, Treaties. BILLING CODE 3510–22–P
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Document Created: 2018-03-02 09:23:45
Document Modified: 2018-03-02 09:23:45
| 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 | Proposed rule; request for comments. | |
| Dates | Comments on the proposed rule and supporting documents must be submitted in writing by January 27, 2016. | |
| Contact | Rachael Wadsworth, NMFS, West Coast Region, 562-980-4036. | |
| FR Citation | 80 FR 80741 | |
| RIN Number | 0648-BF38 | |
| CFR Associated | Fish; Fisheries; Fishing; Fishing Vessels; International Organizations; Marine Resources; Reporting and Recordkeeping Requirements and Treaties |
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