81_FR_33248 81 FR 33147 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort Limits in Purse Seine Fisheries for 2016

81 FR 33147 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort Limits in Purse Seine Fisheries for 2016

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 101 (May 25, 2016)

Page Range33147-33149
FR Document2016-12345

This interim rule establishes a limit for calendar year 2016 on fishing effort by U.S. purse seine vessels in the U.S. exclusive economic zone (U.S. EEZ) and on the high seas between the latitudes of 20[deg] N. and 20[deg] S. in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention). The limit is 1,828 fishing days. This action is necessary for the United States to implement provisions of a conservation and management measure adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy the obligations of the United States under the Convention, to which it is a Contracting Party.

Federal Register, Volume 81 Issue 101 (Wednesday, May 25, 2016)
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33147-33149]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12345]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 160322276-6276-01]
RIN 0648-BF93


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Fishing Effort Limits in Purse Seine 
Fisheries for 2016

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

ACTION: Interim rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This interim rule establishes a limit for calendar year 2016 
on fishing effort by U.S. purse seine vessels in the U.S. exclusive 
economic zone (U.S. EEZ) and on the high seas between the latitudes of 
20[deg] N. and 20[deg] S. in the area of application of the Convention 
on the Conservation and Management of Highly Migratory Fish Stocks in 
the Western and Central Pacific Ocean (Convention). The limit is 1,828 
fishing days. This action is necessary for the United States to 
implement provisions of a conservation and management measure adopted 
by the Commission for the Conservation and Management of Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC 
or Commission) and to satisfy the obligations of the United States 
under the Convention, to which it is a Contracting Party.

DATES: Effective on May 25, 2016. Comments must be submitted in writing 
by June 24, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2016-0038, and the regulatory impact review (RIR) prepared 
for the interim rule, by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0038,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
    - OR -
     Mail: Submit written comments to Michael D. Tosatto, 
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
might not be considered by NMFS. All comments received are a part of 
the public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name and address), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of the RIR, and the programmatic environmental assessment 
(PEA) and supplemental information report prepared for National 
Environmental Policy Act (NEPA) purposes are available at 
www.regulations.gov or may be obtained from Michael D. Tosatto, 
Regional Administrator, NMFS PIRO (see address above).

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

SUPPLEMENTARY INFORMATION:

Background on the Convention

    The Convention is concerned with 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 for the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean (Commission or WCPFC), 
which includes Members, Cooperating Non-members, and Participating 
Territories (collectively referred to here as ``members''). The United 
States of America is a Member. American Samoa, Guam, and the 
Commonwealth of the Northern Mariana Islands (CNMI) are Participating 
Territories.
    As a Contracting Party to the Convention and a Member of the 
Commission, the United States implements, as appropriate, conservation 
and management measures adopted by the Commission and other decisions 
of the Commission. The WCPFC Implementation Act (16 U.S.C. 6901 et 
seq.), 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.

WCPFC Decision on Tropical Tunas

    At its Twelfth Regular Session, in December 2015, the WCPFC adopted 
Conservation and Management Measure (CMM) 2015-01, ``Conservation and 
Management Measure for Bigeye, Yellowfin and Skipjack Tuna in the 
Western and Central Pacific Ocean.'' CMM 2015-01 is the most recent in 
a series of CMMs for the management of tropical tuna stocks under the 
purview of the Commission. It is a successor to CMM 2014-01, adopted in 
December 2014. These and other CMMs are available at: www.wcpfc.int/conservation-and-management-measures.
    The stated general objective of CMM 2015-01 and several of its 
predecessor CMMs is to ensure that the stocks of bigeye tuna (Thunnus 
obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna 
(Katsuwonus pelamis) in the WCPO are, at a minimum, maintained at 
levels capable of producing their maximum sustainable yield as 
qualified by relevant environmental and economic factors. The CMM 
includes specific objectives for each of the three stocks: For each, 
the fishing mortality rate is to be reduced to or maintained at levels 
no greater than the fishing mortality rate

[[Page 33148]]

associated with maximum sustainable yield.
    CMM 2015-01 went into effect February 6, 2016, and is generally 
applicable for the 2016-2017 period. The CMM includes provisions for 
purse seine vessels, longline vessels, and other types of vessels that 
fish for HMS. The CMM's provisions for purse seine vessels include 
limits on the allowable number of fishing vessels, limits on the 
allowable level of fishing effort, restrictions on the use of fish 
aggregating devices, requirements to retain all bigeye tuna, yellowfin 
tuna, and skipjack tuna except in specific circumstances, and 
requirements to carry vessel observers.
    The provisions of CMM 2015-01 apply on the high seas and in EEZs in 
the Convention Area; they do not apply in territorial seas or 
archipelagic waters.
    Paragraphs 20-27 of CMM 2015-01 require that WCPFC members limit 
the amount of fishing effort by purse seine vessels in certain areas of 
the Convention Area between the latitudes of 20[deg] N. and 20[deg] S. 
Paragraph 23 contains the relevant provisions for the U.S. EEZ, and 
paragraph 25 contains the relevant provisions for U.S. fishing vessels 
on the high seas.
    Under Paragraph 23 of CMM 2015-01, coastal members like the United 
States are to ``establish effort limits, or equivalent catch limits for 
purse seine fisheries within their EEZs that reflect the geographical 
distributions of skipjack, yellowfin, and bigeye tunas, and are 
consistent with the objectives for those species.'' It further states, 
``Those coastal States that have already notified limits to the 
Commission shall restrict purse seine effort and/or catch within their 
EEZs in accordance with those limits.'' The United States has regularly 
notified the Commission of its purse seine effort limits for the U.S. 
EEZ since the limits were first established in 2009 (in a final rule 
published August 4, 2009; 74 FR 38544). Accordingly, the applicable 
limit for the U.S. EEZ is the same as that implemented by NMFS since 
2009, which is 558 fishing days per year. Under paragraph 23 of CMM 
2015-01, this limit is applicable from 2016 through 2017.
    Paragraph 25 of CMM 2015-01 further provides that U.S. purse seine 
fishing effort on the high seas in 2016 be limited to 1,270 fishing 
days. It does not include limits for the years after 2016, instead 
stating that in 2016 the Commission will review the 2016 limits and 
agree on limits for later years.

The Action

    This interim rule is limited to implementing CMM 2015-01's 
provisions on allowable levels of fishing effort by purse seine vessels 
on the high seas and in the U.S. EEZ in the Convention Area, and only 
for 2016. The CMM's other provisions are being implemented through one 
or more separate rules, as appropriate.
    As in previous rules to implement similar Commission-mandated 
limits on purse seine fishing effort, this interim rule continues to 
implement the applicable limits for the U.S. EEZ (paragraph 23 of CMM 
2015-01) and the high seas (paragraph 25 of CMM 2015-01) such that they 
apply to a single area, without regard to the boundary between the U.S. 
EEZ and the high seas. CMM 2015-01 has separate provisions for the high 
seas and the EEZ merely because they are subject to different 
management responsibility, and not because of different conservation 
and management needs or objectives for the two areas. Specifically, CMM 
2015-01 calls for fishing effort in EEZs to be limited by coastal 
States, and fishing effort in areas of high seas to be limited by flag 
States.
    In this case, the United States is both a coastal State and a flag 
State and will satisfy its dual responsibilities by implementing a rule 
that combines the two areas for the purpose of limiting purse seine 
fishing effort. NMFS considered both the action alternative that would 
combine the two areas and another alternative that would not (see the 
PEA and the RIR for comparisons of the two alternatives). Because both 
alternatives would accomplish the objective of controlling fishing 
effort by the WPCFC-adopted amount (i.e., by U.S. purse seine vessels 
operating on the high seas and by purse seine vessels in areas under 
U.S. jurisdiction, collectively), and because the alternative of 
combining the two areas is expected to result in greater operational 
flexibility to affected purse seine vessels and lesser adverse economic 
impacts, NMFS is implementing the alternative that would combine the 
two areas. This combined area (within the Convention Area between the 
latitudes of 20[deg] N. and 20[deg] S.) is referred to in U.S. 
regulations as the Effort Limit Area for Purse Seine, or ELAPS (see 50 
CFR 300.211).
    The 2016 purse seine fishing effort limit for the ELAPS is 
formulated as in previous rules to establish limits for the ELAPS: The 
applicable limit for the U.S. EEZ portion of the ELAPS, 558 fishing 
days per year, is combined with the applicable limit for the high seas 
portion of the ELAPS, 1,270 fishing days per year, resulting in a 
combined limit of 1,828 fishing days in the ELAPS for calendar year 
2016. This ELAPS limit for 2016, 1,828 fishing days, is identical to 
the limits established for 2014 and 2015.
    The meaning of ``fishing day'' is defined at 50 CFR 300.211; that 
is, any day in which a fishing vessel of the United States equipped 
with purse seine gear searches for fish, deploys a FAD, services a FAD, 
or sets a purse seine, with the exception of setting a purse seine 
solely for the purpose of testing or cleaning the gear and resulting in 
no catch.
    As established in existing regulations for purse seine fishing 
effort limits in the ELAPS, NMFS will monitor the number of fishing 
days spent in the ELAPS using data submitted in logbooks and other 
available information. If and when NMFS determines that the limit of 
1,828 fishing days is expected to be reached by a specific future date, 
it will publish a notice in the Federal Register announcing that the 
purse seine fishery in the ELAPS will be closed starting on a specific 
future date and will remain closed until the end of calendar year 2016. 
NMFS will publish that notice at least seven days in advance of the 
closure date (see 50 CFR 300.223(a)(2)). Starting on the announced 
closure date, and for the remainder of calendar year 2016, it will be 
prohibited for U.S. purse seine vessels to fish in the ELAPS (see CFR 
300.223(a)(3)).
    This interim rule is being issued without prior notice or prior 
public comment because of the unexpectedly high level of U.S. purse 
seine fishing effort in the ELAPS in 2016. The high level in 2016 was 
unexpected because the fleet did not receive licenses which are 
required for fishing in the South Pacific Tuna Treaty Area, which 
includes most of the ELAPS, until March 4. NMFS did not anticipate that 
U.S. purse seine vessels would concentrate fishing effort during the 
first two months of 2016 in small pocket areas of the ELAPS that are 
not part of the Treaty Licensing Area and do not require Treaty 
licenses to fish.
    To satisfy the international obligations of the United States as a 
Contracting Party to the Convention, NMFS must establish the applicable 
limits for 2016 before they are exceeded, which, based on preliminary 
data available to date, NMFS expects could occur as early as June of 
2016. NMFS would not be able to establish the applicable limits for 
2016 if it issued and considered public comments on a proposed rule 
prior to issuing a final rule. Nonetheless, NMFS will consider public 
comments on this interim rule and issue a final rule, responding to 
comments as appropriate.

[[Page 33149]]

Petition for Rulemaking and Advance Notice of Proposed Rulemaking

    On May 12, 2015, as NMFS was preparing to publish the interim rule 
to establish the ELAPS limit for 2015 (published May 21, 2015; 80 FR 
29220), NMFS received a petition for rulemaking from Tri Marine 
Management Company, LLC. The company requested, first, that NOAA 
undertake an emergency rulemaking to implement the 2015 ELAPS limits 
for fishing days on the high seas, and second, that NOAA issue a rule 
exempting from that high seas limit any U.S.-flagged purse seine vessel 
that, 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. On October 23, 2015, NMFS announced that it 
had denied the petition, but at the same time issued an advance notice 
of proposed rulemaking (ANPR) related to the subject of the petition 
(80 FR 64382). NMFS stated that it 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. NMFS further stated that it 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, and that 
it is considering proposing regulations that recognize that in the 
context of implementing Commission decisions, fisheries associated with 
the U.S. Participating Territories are distinct from the purse seine 
fishery of the United States. In that case, the purse seine fisheries 
associated with 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' impact analysis is not completed and NMFS is not prepared to 
propose regulations of the types described in the ANPR. However, 
establishment through this interim rule of the limit of 1,828 fishing 
days for 2016 will not preclude NMFS from proposing at a later date 
regulations of the types described in the ANPR for 2016 or subsequent 
years.

Classification

    The Administrator, Pacific Islands Region, NMFS, has determined 
that this interim rule is consistent with the WCPFC Implementation Act 
and other applicable laws.

Administrative Procedure Act

    There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice 
and the opportunity for public comment on this action, because prior 
notice and the opportunity for public comment would be contrary to the 
public interest. This rule establishes a limit on purse seine fishing 
effort for 2016 that is identical to the limits in place for 2014 and 
2015. Affected entities have been subject to fishing effort limits in 
the affected area--the ELAPS--since 2009, and are expecting imminent 
publication of the 2016 fishing effort limits. Because the amount of 
U.S. purse seine fishing effort in the ELAPS so far in 2016 has been 
unusually high, it is critical that NMFS publish the limit for 2016 as 
soon as possible to ensure it is not exceeded and the United States 
complies with its international legal obligations with respect to CMM 
2015-01. Based on preliminary data available to date, NMFS expects that 
the applicable limit of 1,828 fishing days in the ELAPS could be 
reached as early as June of 2016. Delaying this rule to allow for 
advance notice and public comment would bring a substantial risk that 
more than 1,828 fishing days would be spent in the ELAPS in 2016, 
constituting non-compliance by the United States with respect to the 
purse seine fishing effort limit provisions of CMM 2015-01. Because a 
delay in implementing this limit for 2016 could result in the United 
States violating its international legal obligations with respect to 
the purse seine fishing effort limit provisions of CMM 2015-01, which 
are important for the conservation and management of tropical tuna 
stocks in the WCPO, allowing advance notice and the opportunity for 
public comment would be contrary to the public interest. NMFS will, 
however, consider public comments received on this interim rule and 
issue a final rule, responding to comments as appropriate.
    For the reasons articulated above, there is also good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effective date for this 
rule. As described above, NMFS must implement the purse seine fishing 
effort provisions of CMM 2015-01 as soon as possible, in order to 
ensure that the applicable effort limits are not exceeded. These 
fishing effort provisions are intended to reduce or otherwise control 
fishing pressure on bigeye tuna, yellowfin tuna, and skipjack tuna in 
the WCPO in order to maintain or restore those stocks at levels capable 
of producing maximum sustainable yield on a continuing basis. Failure 
to immediately implement these provisions could result in excessive 
fishing pressure on these stocks, in violation of international and 
domestic legal obligations.

Executive Order 12866

    This interim rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Therefore, no regulatory flexibility 
analysis was required and none has been prepared.

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Fish, Fisheries, Fishing, 
Marine resources, Reporting and recordkeeping requirements, Treaties.

    Dated: May 19, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 300 is amended 
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart O--Western and Central Pacific Fisheries for Highly 
Migratory Species

0
1. The authority citation for 50 CFR part 300, subpart O, continues to 
read as follows:

    Authority:  16 U.S.C. 6901 et seq.
0
2. In Sec.  300.223, revise paragraph (a)(1) to read as follows:


Sec.  300.223  Purse seine fishing restrictions.

* * * * *
    (a) * * *
    (1) For calendar year 2016 there is a limit of 1,828 fishing days.
* * * * *

[FR Doc. 2016-12345 Filed 5-24-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations                                          33147

                                             Issued pursuant to authority delegated in                2. Click the ‘‘Comment Now!’’ icon,                conservation and management measures
                                           49 CFR 1.87 on: May 17, 2016                            complete the required fields, and                     adopted by the Commission and other
                                           T.F. Scott Darling, III,                                   3. Enter or attach your comments.                  decisions of the Commission. The
                                           Acting Administrator.                                      - OR -                                             WCPFC Implementation Act (16 U.S.C.
                                           [FR Doc. 2016–12184 Filed 5–24–16; 8:45 am]                • Mail: Submit written comments to                 6901 et seq.), authorizes the Secretary of
                                           BILLING CODE 4910–EX–P                                  Michael D. Tosatto, Regional                          Commerce, in consultation with the
                                                                                                   Administrator, NMFS, Pacific Islands                  Secretary of State and the Secretary of
                                                                                                   Regional Office (PIRO), 1845 Wasp                     the Department in which the United
                                                                                                   Blvd., Building 176, Honolulu, HI                     States Coast Guard is operating
                                           DEPARTMENT OF COMMERCE                                                                                        (currently the Department of Homeland
                                                                                                   96818.
                                           National Oceanic and Atmospheric                           Instructions: Comments sent by any                 Security), to promulgate such
                                           Administration                                          other method, to any other address or                 regulations as may be necessary to carry
                                                                                                   individual, or received after the end of              out the obligations of the United States
                                           50 CFR Part 300                                         the comment period, might not be                      under the Convention, including the
                                                                                                   considered by NMFS. All comments                      decisions of the Commission. The
                                           [Docket No. 160322276–6276–01]                          received are a part of the public record              WCPFC Implementation Act further
                                                                                                   and will generally be posted for public               provides that the Secretary of Commerce
                                           RIN 0648–BF93                                                                                                 shall ensure consistency, to the extent
                                                                                                   viewing on www.regulations.gov
                                                                                                   without change. All personal identifying              practicable, of fishery management
                                           International Fisheries; Western and
                                                                                                   information (e.g., name and address),                 programs administered under the
                                           Central Pacific Fisheries for Highly
                                                                                                   confidential business information, or                 WCPFC Implementation Act and the
                                           Migratory Species; Fishing Effort
                                                                                                   otherwise sensitive information                       Magnuson-Stevens Fishery
                                           Limits in Purse Seine Fisheries for
                                                                                                   submitted voluntarily by the sender will              Conservation and Management Act
                                           2016
                                                                                                   be publicly accessible. NMFS will                     (MSA; 16 U.S.C. 1801 et seq.), as well
                                           AGENCY:  National Marine Fisheries                      accept anonymous comments (enter                      as other specific laws (see 16 U.S.C.
                                           Service (NMFS), National Oceanic and                    ‘‘N/A’’ in the required fields if you wish            6905(b)). The Secretary of Commerce
                                           Atmospheric Administration (NOAA),                      to remain anonymous).                                 has delegated the authority to
                                           Commerce.                                                  Copies of the RIR, and the                         promulgate regulations under the
                                           ACTION: Interim rule; request for                       programmatic environmental                            WCPFC Implementation Act to NMFS.
                                           comments.                                               assessment (PEA) and supplemental                     A map showing the boundaries of the
                                                                                                   information report prepared for National              area of application of the Convention
                                           SUMMARY:    This interim rule establishes               Environmental Policy Act (NEPA)                       (Convention Area), which comprises the
                                           a limit for calendar year 2016 on fishing               purposes are available at                             majority of the WCPO, can be found on
                                           effort by U.S. purse seine vessels in the               www.regulations.gov or may be obtained                the WCPFC Web site at: www.wcpfc.int/
                                           U.S. exclusive economic zone (U.S.                      from Michael D. Tosatto, Regional                     doc/convention-area-map.
                                           EEZ) and on the high seas between the                   Administrator, NMFS PIRO (see address                 WCPFC Decision on Tropical Tunas
                                           latitudes of 20° N. and 20° S. in the area              above).
                                           of application of the Convention on the                                                                          At its Twelfth Regular Session, in
                                                                                                   FOR FURTHER INFORMATION CONTACT: Tom                  December 2015, the WCPFC adopted
                                           Conservation and Management of                          Graham, NMFS PIRO, 808–725–5032.
                                           Highly Migratory Fish Stocks in the                                                                           Conservation and Management Measure
                                                                                                   SUPPLEMENTARY INFORMATION:                            (CMM) 2015–01, ‘‘Conservation and
                                           Western and Central Pacific Ocean
                                           (Convention). The limit is 1,828 fishing                Background on the Convention                          Management Measure for Bigeye,
                                           days. This action is necessary for the                                                                        Yellowfin and Skipjack Tuna in the
                                                                                                     The Convention is concerned with the                Western and Central Pacific Ocean.’’
                                           United States to implement provisions                   conservation and management of highly
                                           of a conservation and management                                                                              CMM 2015–01 is the most recent in a
                                                                                                   migratory species (HMS) and the                       series of CMMs for the management of
                                           measure adopted by the Commission for                   management of fisheries for HMS. The
                                           the Conservation and Management of                                                                            tropical tuna stocks under the purview
                                                                                                   objective of the Convention is to ensure,             of the Commission. It is a successor to
                                           Highly Migratory Fish Stocks in the                     through effective management, the long-               CMM 2014–01, adopted in December
                                           Western and Central Pacific Ocean                       term conservation and sustainable use                 2014. These and other CMMs are
                                           (WCPFC or Commission) and to satisfy                    of HMS in the WCPO. To accomplish                     available at: www.wcpfc.int/
                                           the obligations of the United States                    this objective, the Convention                        conservation-and-management-
                                           under the Convention, to which it is a                  established the Commission for the                    measures.
                                           Contracting Party.                                      Conservation and Management of                           The stated general objective of CMM
                                           DATES: Effective on May 25, 2016.                       Highly Migratory Fish Stocks in the                   2015–01 and several of its predecessor
                                           Comments must be submitted in writing                   Western and Central Pacific Ocean                     CMMs is to ensure that the stocks of
                                           by June 24, 2016.                                       (Commission or WCPFC), which                          bigeye tuna (Thunnus obesus),
                                           ADDRESSES: You may submit comments                      includes Members, Cooperating Non-                    yellowfin tuna (Thunnus albacares),
                                           on this document, identified by NOAA–                   members, and Participating Territories                and skipjack tuna (Katsuwonus pelamis)
                                           NMFS–2016–0038, and the regulatory                      (collectively referred to here as                     in the WCPO are, at a minimum,
                                           impact review (RIR) prepared for the                    ‘‘members’’). The United States of                    maintained at levels capable of
                                           interim rule, by either of the following                America is a Member. American Samoa,                  producing their maximum sustainable
                                           methods:                                                Guam, and the Commonwealth of the                     yield as qualified by relevant
Lhorne on DSK30JT082PROD with RULES




                                              • Electronic submission: Submit all                  Northern Mariana Islands (CNMI) are                   environmental and economic factors.
                                           electronic public comments via the                      Participating Territories.                            The CMM includes specific objectives
                                           Federal e-Rulemaking Portal.                              As a Contracting Party to the                       for each of the three stocks: For each,
                                              1. Go to www.regulations.gov/                        Convention and a Member of the                        the fishing mortality rate is to be
                                           #!docketDetail;D=NOAA-NMFS-2016-                        Commission, the United States                         reduced to or maintained at levels no
                                           0038,                                                   implements, as appropriate,                           greater than the fishing mortality rate


                                      VerDate Sep<11>2014   14:51 May 24, 2016   Jkt 238001   PO 00000   Frm 00025   Fmt 4700   Sfmt 4700   E:\FR\FM\25MYR1.SGM   25MYR1


                                           33148            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations

                                           associated with maximum sustainable                     provisions on allowable levels of fishing             to the limits established for 2014 and
                                           yield.                                                  effort by purse seine vessels on the high             2015.
                                              CMM 2015–01 went into effect                         seas and in the U.S. EEZ in the                          The meaning of ‘‘fishing day’’ is
                                           February 6, 2016, and is generally                      Convention Area, and only for 2016.                   defined at 50 CFR 300.211; that is, any
                                           applicable for the 2016–2017 period.                    The CMM’s other provisions are being                  day in which a fishing vessel of the
                                           The CMM includes provisions for purse                   implemented through one or more                       United States equipped with purse seine
                                           seine vessels, longline vessels, and other              separate rules, as appropriate.                       gear searches for fish, deploys a FAD,
                                           types of vessels that fish for HMS. The                    As in previous rules to implement                  services a FAD, or sets a purse seine,
                                           CMM’s provisions for purse seine                        similar Commission-mandated limits on                 with the exception of setting a purse
                                           vessels include limits on the allowable                 purse seine fishing effort, this interim              seine solely for the purpose of testing or
                                           number of fishing vessels, limits on the                rule continues to implement the                       cleaning the gear and resulting in no
                                           allowable level of fishing effort,                      applicable limits for the U.S. EEZ                    catch.
                                           restrictions on the use of fish                         (paragraph 23 of CMM 2015–01) and the
                                           aggregating devices, requirements to                                                                             As established in existing regulations
                                                                                                   high seas (paragraph 25 of CMM 2015–
                                           retain all bigeye tuna, yellowfin tuna,                                                                       for purse seine fishing effort limits in
                                                                                                   01) such that they apply to a single area,
                                           and skipjack tuna except in specific                                                                          the ELAPS, NMFS will monitor the
                                                                                                   without regard to the boundary between
                                           circumstances, and requirements to                                                                            number of fishing days spent in the
                                                                                                   the U.S. EEZ and the high seas. CMM
                                           carry vessel observers.                                                                                       ELAPS using data submitted in logbooks
                                                                                                   2015–01 has separate provisions for the
                                              The provisions of CMM 2015–01                                                                              and other available information. If and
                                                                                                   high seas and the EEZ merely because
                                           apply on the high seas and in EEZs in                                                                         when NMFS determines that the limit of
                                                                                                   they are subject to different management
                                           the Convention Area; they do not apply                                                                        1,828 fishing days is expected to be
                                                                                                   responsibility, and not because of
                                           in territorial seas or archipelagic waters.                                                                   reached by a specific future date, it will
                                                                                                   different conservation and management
                                              Paragraphs 20–27 of CMM 2015–01                                                                            publish a notice in the Federal Register
                                                                                                   needs or objectives for the two areas.
                                           require that WCPFC members limit the                                                                          announcing that the purse seine fishery
                                                                                                   Specifically, CMM 2015–01 calls for
                                           amount of fishing effort by purse seine                                                                       in the ELAPS will be closed starting on
                                                                                                   fishing effort in EEZs to be limited by
                                           vessels in certain areas of the                                                                               a specific future date and will remain
                                                                                                   coastal States, and fishing effort in areas
                                           Convention Area between the latitudes                                                                         closed until the end of calendar year
                                                                                                   of high seas to be limited by flag States.
                                           of 20° N. and 20° S. Paragraph 23                                                                             2016. NMFS will publish that notice at
                                           contains the relevant provisions for the                   In this case, the United States is both
                                                                                                                                                         least seven days in advance of the
                                           U.S. EEZ, and paragraph 25 contains the                 a coastal State and a flag State and will
                                                                                                                                                         closure date (see 50 CFR 300.223(a)(2)).
                                           relevant provisions for U.S. fishing                    satisfy its dual responsibilities by
                                                                                                                                                         Starting on the announced closure date,
                                           vessels on the high seas.                               implementing a rule that combines the
                                                                                                                                                         and for the remainder of calendar year
                                              Under Paragraph 23 of CMM 2015–01,                   two areas for the purpose of limiting
                                                                                                                                                         2016, it will be prohibited for U.S. purse
                                           coastal members like the United States                  purse seine fishing effort. NMFS
                                                                                                                                                         seine vessels to fish in the ELAPS (see
                                           are to ‘‘establish effort limits, or                    considered both the action alternative
                                                                                                                                                         CFR 300.223(a)(3)).
                                           equivalent catch limits for purse seine                 that would combine the two areas and
                                                                                                   another alternative that would not (see                  This interim rule is being issued
                                           fisheries within their EEZs that reflect                                                                      without prior notice or prior public
                                           the geographical distributions of                       the PEA and the RIR for comparisons of
                                                                                                   the two alternatives). Because both                   comment because of the unexpectedly
                                           skipjack, yellowfin, and bigeye tunas,                                                                        high level of U.S. purse seine fishing
                                           and are consistent with the objectives                  alternatives would accomplish the
                                                                                                   objective of controlling fishing effort by            effort in the ELAPS in 2016. The high
                                           for those species.’’ It further states,                                                                       level in 2016 was unexpected because
                                           ‘‘Those coastal States that have already                the WPCFC-adopted amount (i.e., by
                                                                                                   U.S. purse seine vessels operating on                 the fleet did not receive licenses which
                                           notified limits to the Commission shall                                                                       are required for fishing in the South
                                           restrict purse seine effort and/or catch                the high seas and by purse seine vessels
                                                                                                   in areas under U.S. jurisdiction,                     Pacific Tuna Treaty Area, which
                                           within their EEZs in accordance with                                                                          includes most of the ELAPS, until
                                           those limits.’’ The United States has                   collectively), and because the
                                                                                                   alternative of combining the two areas is             March 4. NMFS did not anticipate that
                                           regularly notified the Commission of its                                                                      U.S. purse seine vessels would
                                           purse seine effort limits for the U.S. EEZ              expected to result in greater operational
                                                                                                   flexibility to affected purse seine vessels           concentrate fishing effort during the first
                                           since the limits were first established in                                                                    two months of 2016 in small pocket
                                           2009 (in a final rule published August                  and lesser adverse economic impacts,
                                                                                                   NMFS is implementing the alternative                  areas of the ELAPS that are not part of
                                           4, 2009; 74 FR 38544). Accordingly, the                                                                       the Treaty Licensing Area and do not
                                           applicable limit for the U.S. EEZ is the                that would combine the two areas. This
                                                                                                   combined area (within the Convention                  require Treaty licenses to fish.
                                           same as that implemented by NMFS
                                           since 2009, which is 558 fishing days                   Area between the latitudes of 20° N. and                 To satisfy the international
                                           per year. Under paragraph 23 of CMM                     20° S.) is referred to in U.S. regulations            obligations of the United States as a
                                           2015–01, this limit is applicable from                  as the Effort Limit Area for Purse Seine,             Contracting Party to the Convention,
                                           2016 through 2017.                                      or ELAPS (see 50 CFR 300.211).                        NMFS must establish the applicable
                                              Paragraph 25 of CMM 2015–01 further                     The 2016 purse seine fishing effort                limits for 2016 before they are exceeded,
                                           provides that U.S. purse seine fishing                  limit for the ELAPS is formulated as in               which, based on preliminary data
                                           effort on the high seas in 2016 be                      previous rules to establish limits for the            available to date, NMFS expects could
                                           limited to 1,270 fishing days. It does not              ELAPS: The applicable limit for the U.S.              occur as early as June of 2016. NMFS
                                           include limits for the years after 2016,                EEZ portion of the ELAPS, 558 fishing                 would not be able to establish the
                                           instead stating that in 2016 the                        days per year, is combined with the                   applicable limits for 2016 if it issued
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                                           Commission will review the 2016 limits                  applicable limit for the high seas                    and considered public comments on a
                                           and agree on limits for later years.                    portion of the ELAPS, 1,270 fishing days              proposed rule prior to issuing a final
                                                                                                   per year, resulting in a combined limit               rule. Nonetheless, NMFS will consider
                                           The Action                                              of 1,828 fishing days in the ELAPS for                public comments on this interim rule
                                             This interim rule is limited to                       calendar year 2016. This ELAPS limit                  and issue a final rule, responding to
                                           implementing CMM 2015–01’s                              for 2016, 1,828 fishing days, is identical            comments as appropriate.


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                                                            Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations                                                33149

                                           Petition for Rulemaking and Advance                     Classification                                        bigeye tuna, yellowfin tuna, and
                                           Notice of Proposed Rulemaking                             The Administrator, Pacific Islands                  skipjack tuna in the WCPO in order to
                                                                                                   Region, NMFS, has determined that this                maintain or restore those stocks at levels
                                              On May 12, 2015, as NMFS was                                                                               capable of producing maximum
                                           preparing to publish the interim rule to                interim rule is consistent with the
                                                                                                   WCPFC Implementation Act and other                    sustainable yield on a continuing basis.
                                           establish the ELAPS limit for 2015                                                                            Failure to immediately implement these
                                                                                                   applicable laws.
                                           (published May 21, 2015; 80 FR 29220),                                                                        provisions could result in excessive
                                           NMFS received a petition for                            Administrative Procedure Act                          fishing pressure on these stocks, in
                                           rulemaking from Tri Marine                                 There is good cause under 5 U.S.C.                 violation of international and domestic
                                           Management Company, LLC. The                            553(b)(B) to waive prior notice and the               legal obligations.
                                           company requested, first, that NOAA                     opportunity for public comment on this
                                           undertake an emergency rulemaking to                    action, because prior notice and the                  Executive Order 12866
                                           implement the 2015 ELAPS limits for                     opportunity for public comment would                    This interim rule has been determined
                                           fishing days on the high seas, and                      be contrary to the public interest. This
                                                                                                                                                         to be not significant for purposes of
                                           second, that NOAA issue a rule                          rule establishes a limit on purse seine
                                                                                                                                                         Executive Order 12866.
                                           exempting from that high seas limit any                 fishing effort for 2016 that is identical
                                           U.S.-flagged purse seine vessel that,                   to the limits in place for 2014 and 2015.             Regulatory Flexibility Act
                                           pursuant to contract or declaration of                  Affected entities have been subject to
                                           intent, delivers or will deliver at least 50            fishing effort limits in the affected                    Because prior notice and opportunity
                                           percent of its catch to tuna processing                 area—the ELAPS—since 2009, and are                    for public comment are not required for
                                           facilities based in American Samoa. On                  expecting imminent publication of the                 this rule by 5 U.S.C. 553, or any other
                                           October 23, 2015, NMFS announced                        2016 fishing effort limits. Because the               law, the analytical requirements of the
                                           that it had denied the petition, but at the             amount of U.S. purse seine fishing effort             Regulatory Flexibility Act, 5 U.S.C. 601
                                           same time issued an advance notice of                   in the ELAPS so far in 2016 has been                  et seq., are inapplicable. Therefore, no
                                           proposed rulemaking (ANPR) related to                   unusually high, it is critical that NMFS              regulatory flexibility analysis was
                                           the subject of the petition (80 FR 64382).              publish the limit for 2016 as soon as                 required and none has been prepared.
                                                                                                   possible to ensure it is not exceeded and
                                           NMFS stated that it intends to examine                                                                        List of Subjects in 50 CFR Part 300
                                                                                                   the United States complies with its
                                           the potential impacts of the domestic
                                                                                                   international legal obligations with                    Administrative practice and
                                           implementation of Commission
                                                                                                   respect to CMM 2015–01. Based on                      procedure, Fish, Fisheries, Fishing,
                                           decisions for purse seine fisheries on                  preliminary data available to date,
                                           the economies of the U.S. Participating                                                                       Marine resources, Reporting and
                                                                                                   NMFS expects that the applicable limit
                                           Territories, and examine the                                                                                  recordkeeping requirements, Treaties.
                                                                                                   of 1,828 fishing days in the ELAPS
                                           connectivity between the activities of                  could be reached as early as June of                    Dated: May 19, 2016.
                                           U.S.-flagged purse seine fishing vessels                2016. Delaying this rule to allow for                 Samuel D. Rauch III,
                                           and the economies of the territories.                   advance notice and public comment                     Deputy Assistant Administrator for
                                           NMFS further stated that it will                        would bring a substantial risk that more              Regulatory Programs, National Marine
                                           consider proposing regulations that                     than 1,828 fishing days would be spent                Fisheries Service.
                                           mitigate adverse economic impacts of                    in the ELAPS in 2016, constituting non-
                                           purse seine fishing restrictions on the                 compliance by the United States with                    For the reasons set out in the
                                           U.S. Participating Territories, to the                  respect to the purse seine fishing effort             preamble, 50 CFR part 300 is amended
                                           extent consistent with U.S. obligations                 limit provisions of CMM 2015–01.                      as follows:
                                           under the Convention, and that it is                    Because a delay in implementing this
                                           considering proposing regulations that                  limit for 2016 could result in the United             PART 300—INTERNATIONAL
                                           recognize that in the context of                        States violating its international legal              FISHERIES REGULATIONS
                                           implementing Commission decisions,                      obligations with respect to the purse
                                           fisheries associated with the U.S.                      seine fishing effort limit provisions of              Subpart O—Western and Central
                                           Participating Territories are distinct                  CMM 2015–01, which are important for                  Pacific Fisheries for Highly Migratory
                                           from the purse seine fishery of the                     the conservation and management of                    Species
                                           United States. In that case, the purse                  tropical tuna stocks in the WCPO,
                                           seine fisheries associated with the U.S.                allowing advance notice and the                       ■ 1. The authority citation for 50 CFR
                                           Participating Territories might be                      opportunity for public comment would                  part 300, subpart O, continues to read as
                                           subject to special provisions of the                    be contrary to the public interest. NMFS              follows:
                                           Convention and of Commission                            will, however, consider public                            Authority: 16 U.S.C. 6901 et seq.
                                           decisions, and NMFS would implement                     comments received on this interim rule
                                                                                                   and issue a final rule, responding to                 ■ 2. In § 300.223, revise paragraph (a)(1)
                                           those provisions and decisions                                                                                to read as follows:
                                           accordingly.                                            comments as appropriate.
                                                                                                      For the reasons articulated above,
                                              NMFS’ impact analysis is not                                                                               § 300.223    Purse seine fishing restrictions.
                                                                                                   there is also good cause under 5 U.S.C.
                                           completed and NMFS is not prepared to                   553(d)(3) to waive the 30-day delay in                *     *     *     *    *
                                           propose regulations of the types                        effective date for this rule. As described              (a) * * *
                                           described in the ANPR. However,                         above, NMFS must implement the purse                    (1) For calendar year 2016 there is a
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                                           establishment through this interim rule                 seine fishing effort provisions of CMM                limit of 1,828 fishing days.
                                           of the limit of 1,828 fishing days for                  2015–01 as soon as possible, in order to
                                           2016 will not preclude NMFS from                        ensure that the applicable effort limits              *     *     *     *    *
                                           proposing at a later date regulations of                are not exceeded. These fishing effort                [FR Doc. 2016–12345 Filed 5–24–16; 8:45 am]
                                           the types described in the ANPR for                     provisions are intended to reduce or                  BILLING CODE 3510–22–P
                                           2016 or subsequent years.                               otherwise control fishing pressure on


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Document Created: 2018-02-07 15:03:15
Document Modified: 2018-02-07 15:03:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule; request for comments.
DatesEffective on May 25, 2016. Comments must be submitted in writing by June 24, 2016.
ContactTom Graham, NMFS PIRO, 808-725-5032.
FR Citation81 FR 33147 
RIN Number0648-BF93
CFR AssociatedAdministrative Practice and Procedure; Fish; Fisheries; Fishing; Marine Resources; Reporting and Recordkeeping Requirements and Treaties

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