81 FR 36183 - International Fisheries; Eastern Pacific Fisheries for Highly Migratory Species; Amend Regulations Implementing Inter-American Tropical Tuna Commission Resolution C-02-03
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 108 (June 6, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 108 (June 6, 2016)
| Page Range | 36183-36184 | |
| FR Document | 2016-13216 |
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)] [Rules and Regulations] [Pages 36183-36184] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13216] [[Page 36183]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 216 and 300 [Docket No. 160204078-6078-01] RIN 0648-BF71 International Fisheries; Eastern Pacific Fisheries for Highly Migratory Species; Amend Regulations Implementing Inter-American Tropical Tuna Commission Resolution C-02-03 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends regulations to allow U.S. vessels authorized to fish under an alternative international fisheries management regime (e.g., the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPF Convention), to fish in the Eastern Pacific Ocean (EPO) under the single-trip exception to the general rule that a vessel must be on the vessel register of the Inter-American Tropical Tuna Commission (IATTC) to fish for tuna in the Eastern Tropical Pacific Ocean (EPO). This rule is intended to conform U.S. implementing regulations to the IATTC resolution that they implement and remove an unnecessary restriction on the ability of U.S. vessels to use this exception. DATES: This rule is effective on June 6, 2016. ADDRESSES: You may view this document, identified by NOAA-NMFS-2016- 0036, e-Rulemaking Portal at www.regulations.gov/#!docketDetail;D=NOAA- NMFS-2016-0036. FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast Region, 562-980-4198. SUPPLEMENTARY INFORMATION: NMFS is issuing a final rule under the authority of the Tuna Conventions Act of 1950, as amended (TCA). 16 U.S.C. 951 et seq. As a party to the Convention for the Strengthening of the IATTC Established by the 1949 Convention between the United States of America and the Republic of Costa Rica and a member of the IATTC, the United States is obligated to implement the decisions of the IATTC, including resolutions governing the conservation of tuna and tuna-like species in the Convention Area. The Convention Area includes the waters bounded by the coast of the Americas, the 50[deg] N. and 50[deg] S. parallels, and the 150[deg] W. meridian. NMFS implements binding resolutions of the IATTC under authority of the TCA. The regulations at 50 CFR 300.22(b)(1) implement Resolution C-02-03 (Resolution on the Capacity of the Tuna Fleet Operating in the Eastern Pacific Ocean (Revised)) adopted by the IATTC in June 2002. This rule makes a minor, technical revision to those regulations to be more consistent with the resolution and facilitate fishing by U.S. vessels in the EPO. Paragraph 12 of Resolution C-02-03 provides opportunities for up to 32 U.S. vessels authorized to fish in other areas of the Pacific Ocean under an alternative international fisheries management regime to fish a single trip per year in the EPO even if the vessels are not listed on the IATTC's Vessel Register. Vessels shall be authorized to fish in the EPO provided that the fishing activity of any such vessels in the EPO is limited to a single trip not to exceed 90 days in one calendar year, the vessels do not possess a Dolphin Mortality Limit pursuant to the Agreement on the International Dolphin Conservation Program, and the vessels carry an approved observer. The current regulations implementing Resolution C-02-03, issued on April 12, 2005 (70 FR 19004), explicitly reference South Pacific Tuna Treaty (SPTT) licenses as the only licenses that qualify vessels for the single-trip exception. At the time of the 2005 final rule, the SPTT was the predominant ``alternative international fisheries management regime'' that provided for the authorization of fishing by U.S. purse seine vessels in the western Pacific Ocean. The WCPF Convention entered into force for the United States in 2007. Under regulations implementing the decisions of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC), vessels used to commercially fish highly migratory species on the high seas in the WCPF Convention Area must be permitted to do so by NMFS (see 50 CFR 300.212). Because of the large overlap between the WCPFC Convention Area and the SPTT Area, vessels that fish under the SPTT also are typically permitted by NMFS under 50 CFR 300.212 to fish on the high seas in the WCPF Convention Area. These vessels are subject to regulations implementing conservation and management measures adopted by the WCPFC, the organization that carries out the management regime established under the WCPF Convention. SPTT licenses were not issued for the period starting January 1, 2016, through early March 2016, and it is unclear if they will be issued beyond 2016. Because of the wording of the implementing regulations, U.S. vessels could not use the single-trip EPO exception during the period of non-issuance of SPTT licenses. This final rule amends 50 CFR 300.22(b)(1) to allow U.S. vessels authorized to fish in areas of the Pacific Ocean other than the EPO under another alternative international fisheries management regime (e.g., the WCPFC) to fish under the single-vessel exception. This rule also revises 50 CFR 216.24(b)(6)(iii)(C) to: remove and replace the reference to ``South Pacific Tuna Treaty'' to conform to Sec. 300.22(b) described above, and correct two cross-references to Sec. 300.22(b). Also in that paragraph, the reference to the Southwest Regional Administrator, NMFS, is changed to ``Administrator, West Coast Region'' to reflect the merger of the former Southwest Region into a new West Coast Region and assumption of the responsibilities of the former Southwest Regional Administrator by the new West Coast Regional Administrator. Classification The NMFS Assistant Administrator has determined that this rule is consistent with the Tuna Conventions Act, as amended, and other applicable laws. Administrative Procedure Act There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice and opportunity for public comment on this action. Replacing ``South Pacific Tuna Treaty'' in the regulations with the exact wording from IATTC Resolution C-02-03 ``alternative international tuna purse seine fisheries management regime'' is a minor, technical correction that reflects the original intention of the regulation. The same vessels operating in the Western Pacific that were intended to be able to use the single-trip exception under the original wording would have access to the exception under the revised wording, and no vessels are added or removed from eligibility. Furthermore, because the purse seine fishery for tuna is active now in the Eastern Pacific, the existing reference to ``South Pacific Tuna Treaty'' in the absence of the issuance of SPTT licenses is an impediment to lawful fishing by U.S. vessels under Resolution C-02-03. Therefore, providing prior notice and opportunity for public comment on this [[Page 36184]] action would be unnecessary and contrary to the public interest. For the same reasons, under 5 U.S.C. 553(d)(3) NMFS finds good cause to waive the requirement to delay for 30 days the effectiveness of this rule. Executive Order 12866 This final 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. List of Subjects 50 CFR Part 216 Administrative practice and procedure, Exports, Fish, Imports, Indians, Labeling, Marine mammals. 50 CFR Part 300 Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Reporting and recordkeeping requirements, Treaties. Dated: May 31, 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 parts 216 and 300 are amended as follows: PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS 0 1. The authority citation for part 216 continues to read as follows: Authority: 16 U.S.C. 1361 et seq., unless otherwise noted. 0 2. In Sec. 216.24, revise paragraph (b)(6)(iii)(C) to read as follows: Sec. 216.24 Taking and related acts incidental to commercial fishing operations by tuna purse seine vessels in the eastern tropical Pacific Ocean. * * * * * (b) * * * (6) * * * (iii) * * * (C) The owner or managing owner of a purse seine vessel that is permitted and authorized under an alternative international tuna purse seine fisheries management regime in the Pacific Ocean must submit the vessel assessment fee, as established by the IATTC or other approved observer program, to the Administrator, West Coast Region, prior to obtaining an observer and entering the ETP to fish. Consistent with Sec. 300.22(b)(1) of this title, this class of purse seine vessels is not required to be listed on the Vessel Register under Sec. 300.22(b)(4) of this title in order to purse seine for tuna in the ETP during a single fishing trip per calendar year of 90 days or less. Payment of the vessel assessment fee must be consistent with the fee for active status on the Vessel Register under Sec. 300.22(b)(4)(i) of this title. * * * * * PART 300--INTERNATIONAL FISHERIES REGULATIONS 0 3. The authority citation for part 300 continues to read as follows: Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq. 0 4. In Sec. 300.22, revise paragraph (b)(1) to read as follows: Sec. 300.22 Eastern Pacific fisheries recordkeeping and written reports. * * * * * (b) * * * (1) Exception. Once per year, a vessel that is permitted and authorized under an alternative international tuna purse seine fisheries management regime in the Pacific Ocean may exercise an option to fish with purse seine gear to target tuna in the Convention Area without being listed on the Vessel Register and without being categorized as active under paragraph (b)(4)(i) of this section, for a fishing trip that does not exceed 90 days in duration. No more than 32 of such trips are allowed each calendar year. After the commencement of the 32nd such trip, the Regional Administrator shall announce, in the Federal Register and by other appropriate means, that no more such trips are allowed for the remainder of the calendar year. Under Sec. 216.24(b)(6)(iii)(C) of this title, vessel assessment fees must be paid for vessels exercising this option. * * * * * [FR Doc. 2016-13216 Filed 6-3-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 36183
DEPARTMENT OF COMMERCE Area. The Convention Area includes the out the management regime established
waters bounded by the coast of the under the WCPF Convention.
National Oceanic and Atmospheric Americas, the 50° N. and 50° S. SPTT licenses were not issued for the
Administration parallels, and the 150° W. meridian. period starting January 1, 2016, through
NMFS implements binding resolutions early March 2016, and it is unclear if
50 CFR Parts 216 and 300 of the IATTC under authority of the they will be issued beyond 2016.
TCA. The regulations at 50 CFR Because of the wording of the
[Docket No. 160204078–6078–01]
300.22(b)(1) implement Resolution implementing regulations, U.S. vessels
RIN 0648–BF71 C–02–03 (Resolution on the Capacity of could not use the single-trip EPO
the Tuna Fleet Operating in the Eastern exception during the period of non-
International Fisheries; Eastern Pacific Pacific Ocean (Revised)) adopted by the issuance of SPTT licenses. This final
Fisheries for Highly Migratory Species; IATTC in June 2002. This rule makes a rule amends 50 CFR 300.22(b)(1) to
Amend Regulations Implementing minor, technical revision to those allow U.S. vessels authorized to fish in
Inter-American Tropical Tuna regulations to be more consistent with areas of the Pacific Ocean other than the
Commission Resolution C–02–03 the resolution and facilitate fishing by EPO under another alternative
U.S. vessels in the EPO. international fisheries management
AGENCY: National Marine Fisheries
Paragraph 12 of Resolution C–02–03 regime (e.g., the WCPFC) to fish under
Service (NMFS), National Oceanic and
provides opportunities for up to 32 U.S. the single-vessel exception.
Atmospheric Administration (NOAA), This rule also revises 50 CFR
Commerce. vessels authorized to fish in other areas
of the Pacific Ocean under an 216.24(b)(6)(iii)(C) to: remove and
ACTION: Final rule. replace the reference to ‘‘South Pacific
alternative international fisheries
Tuna Treaty’’ to conform to § 300.22(b)
SUMMARY: This final rule amends management regime to fish a single trip
described above, and correct two cross-
regulations to allow U.S. vessels per year in the EPO even if the vessels
references to § 300.22(b). Also in that
authorized to fish under an alternative are not listed on the IATTC’s Vessel
paragraph, the reference to the
international fisheries management Register. Vessels shall be authorized to
Southwest Regional Administrator,
regime (e.g., the Convention on the fish in the EPO provided that the fishing
NMFS, is changed to ‘‘Administrator,
Conservation and Management of activity of any such vessels in the EPO
West Coast Region’’ to reflect the merger
Highly Migratory Fish Stocks in the is limited to a single trip not to exceed
of the former Southwest Region into a
Western and Central Pacific Ocean 90 days in one calendar year, the vessels
new West Coast Region and assumption
(WCPF Convention), to fish in the do not possess a Dolphin Mortality
of the responsibilities of the former
Eastern Pacific Ocean (EPO) under the Limit pursuant to the Agreement on the
Southwest Regional Administrator by
single-trip exception to the general rule International Dolphin Conservation
the new West Coast Regional
that a vessel must be on the vessel Program, and the vessels carry an
Administrator.
register of the Inter-American Tropical approved observer. The current
Tuna Commission (IATTC) to fish for regulations implementing Resolution Classification
tuna in the Eastern Tropical Pacific C–02–03, issued on April 12, 2005 (70 The NMFS Assistant Administrator
Ocean (EPO). This rule is intended to FR 19004), explicitly reference South has determined that this rule is
conform U.S. implementing regulations Pacific Tuna Treaty (SPTT) licenses as consistent with the Tuna Conventions
to the IATTC resolution that they the only licenses that qualify vessels for Act, as amended, and other applicable
implement and remove an unnecessary the single-trip exception. At the time of laws.
restriction on the ability of U.S. vessels the 2005 final rule, the SPTT was the
to use this exception. predominant ‘‘alternative international Administrative Procedure Act
DATES: This rule is effective on June 6, fisheries management regime’’ that There is good cause under 5 U.S.C.
2016. provided for the authorization of fishing 553(b)(B) to waive prior notice and
by U.S. purse seine vessels in the opportunity for public comment on this
ADDRESSES: You may view this
western Pacific Ocean. The WCPF action. Replacing ‘‘South Pacific Tuna
document, identified by NOAA–NMFS–
Convention entered into force for the Treaty’’ in the regulations with the exact
2016–0036, e-Rulemaking Portal at
United States in 2007. wording from IATTC Resolution C–02–
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-2016- Under regulations implementing the 03 ‘‘alternative international tuna purse
0036. decisions of the Commission for the seine fisheries management regime’’ is a
Conservation and Management of minor, technical correction that reflects
FOR FURTHER INFORMATION CONTACT: Highly Migratory Fish Stocks in the the original intention of the regulation.
Chris Fanning, NMFS, West Coast Western and Central Pacific Ocean The same vessels operating in the
Region, 562–980–4198. (WCPFC), vessels used to commercially Western Pacific that were intended to be
SUPPLEMENTARY INFORMATION: NMFS is fish highly migratory species on the able to use the single-trip exception
issuing a final rule under the authority high seas in the WCPF Convention Area under the original wording would have
of the Tuna Conventions Act of 1950, as must be permitted to do so by NMFS access to the exception under the
amended (TCA). 16 U.S.C. 951 et seq. (see 50 CFR 300.212). Because of the revised wording, and no vessels are
As a party to the Convention for the large overlap between the WCPFC added or removed from eligibility.
Strengthening of the IATTC Established Convention Area and the SPTT Area, Furthermore, because the purse seine
by the 1949 Convention between the vessels that fish under the SPTT also are fishery for tuna is active now in the
mstockstill on DSK3G9T082PROD with RULES
United States of America and the typically permitted by NMFS under 50 Eastern Pacific, the existing reference to
Republic of Costa Rica and a member of CFR 300.212 to fish on the high seas in ‘‘South Pacific Tuna Treaty’’ in the
the IATTC, the United States is the WCPF Convention Area. These absence of the issuance of SPTT licenses
obligated to implement the decisions of vessels are subject to regulations is an impediment to lawful fishing by
the IATTC, including resolutions implementing conservation and U.S. vessels under Resolution C–02–03.
governing the conservation of tuna and management measures adopted by the Therefore, providing prior notice and
tuna-like species in the Convention WCPFC, the organization that carries opportunity for public comment on this
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![36184 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
action would be unnecessary and Coast Region, prior to obtaining an DEPARTMENT OF COMMERCE
contrary to the public interest. For the observer and entering the ETP to fish.
same reasons, under 5 U.S.C. 553(d)(3) Consistent with § 300.22(b)(1) of this National Oceanic and Atmospheric
NMFS finds good cause to waive the title, this class of purse seine vessels is Administration
requirement to delay for 30 days the not required to be listed on the Vessel
effectiveness of this rule. Register under § 300.22(b)(4) of this title 50 CFR Part 660
Executive Order 12866 in order to purse seine for tuna in the [Docket No. 151117999–6440–02]
ETP during a single fishing trip per
This final rule has been determined to RIN 0648–BF56
calendar year of 90 days or less.
be not significant for purposes of
Payment of the vessel assessment fee Fisheries Off West Coast States; West
Executive Order 12866.
must be consistent with the fee for Coast Salmon Fisheries; 2016
Regulatory Flexibility Act active status on the Vessel Register Management Measures; Correction
Because prior notice and opportunity under § 300.22(b)(4)(i) of this title.
AGENCY: National Marine Fisheries
for public comment are not required for * * * * * Service (NMFS), National Oceanic and
this rule by 5 U.S.C. 553, or any other Atmospheric Administration (NOAA),
law, the analytical requirements of the PART 300—INTERNATIONAL
Commerce.
Regulatory Flexibility Act, 5 U.S.C. 601 FISHERIES REGULATIONS
ACTION: Final rule; correction.
et seq., are inapplicable.
■ 3. The authority citation for part 300 SUMMARY: On May 2, 2016, NMFS
List of Subjects
continues to read as follows: published a final rule to implement
50 CFR Part 216 Authority: 16 U.S.C. 951 et seq., 16 U.S.C. fishery management measures for the
Administrative practice and 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 2016 ocean salmon fisheries off the
procedure, Exports, Fish, Imports, 2431 et seq., 31 U.S.C. 9701 et seq. coast of the states of Washington,
Indians, Labeling, Marine mammals. Oregon, and California under the
■ 4. In § 300.22, revise paragraph (b)(1) jurisdiction of the Pacific Fisheries
50 CFR Part 300 to read as follows: Management Council (Council). This
Administrative practice and correction changes the minimum size
§ 300.22 Eastern Pacific fisheries table for the commercial salmon fishery
procedure, Fish, Fisheries, Fishing,
recordkeeping and written reports. from Point Arena to Pigeon Point, CA,
Marine resources, Reporting and
recordkeeping requirements, Treaties. * * * * * and the description of the tribal area
(b) * * * and boundaries for the treaty Indian
Dated: May 31, 2016.
fisheries for the Quileute Nation; these
Samuel D. Rauch III, (1) Exception. Once per year, a vessel
were incorrect in the original rule.
Deputy Assistant Administrator for that is permitted and authorized under
DATES: This correction is effective June
Regulatory Programs, National Marine an alternative international tuna purse
Fisheries Service. 6, 2016, until the effective date of the
seine fisheries management regime in
For the reasons set out in the 2017 management measures, which will
the Pacific Ocean may exercise an
preamble, 50 CFR parts 216 and 300 are be published in the Federal Register.
option to fish with purse seine gear to
amended as follows: FOR FURTHER INFORMATION CONTACT:
target tuna in the Convention Area
Peggy Mundy at 206–526–4323.
without being listed on the Vessel
PART 216—REGULATIONS SUPPLEMENTARY INFORMATION:
Register and without being categorized
GOVERNING THE TAKING AND
as active under paragraph (b)(4)(i) of Need for Correction
IMPORTING OF MARINE MAMMALS
this section, for a fishing trip that does On May 2, 2016, NMFS published a
■ 1. The authority citation for part 216 not exceed 90 days in duration. No more final rule (81 FR 26157) that
continues to read as follows: than 32 of such trips are allowed each implemented the fishery management
Authority: 16 U.S.C. 1361 et seq., unless calendar year. After the commencement measures for the 2016 ocean salmon
otherwise noted. of the 32nd such trip, the Regional fisheries off the coasts of the states of
Administrator shall announce, in the Washington, Oregon, and California
■ 2. In § 216.24, revise paragraph Federal Register and by other under the jurisdiction of the Council.
(b)(6)(iii)(C) to read as follows:
appropriate means, that no more such Subsequent to filing this rule with the
§ 216.24 Taking and related acts incidental trips are allowed for the remainder of Office of the Federal Register, two
to commercial fishing operations by tuna the calendar year. Under typographical errors were noted.
purse seine vessels in the eastern tropical § 216.24(b)(6)(iii)(C) of this title, vessel On page 26164, the table under the
Pacific Ocean. assessment fees must be paid for vessels subheading ‘‘B. Minimum Size,’’ for the
* * * * * exercising this option. area ‘‘Point Arena to Pigeon Point,’’ two
(b) * * * * * * * * time periods are listed that incorrectly
(6) * * * [FR Doc. 2016–13216 Filed 6–3–16; 8:45 am] exclude the date September 1. This is
(iii) * * * inconsistent with the management
BILLING CODE 3510–22–P
(C) The owner or managing owner of measures described in the related text
a purse seine vessel that is permitted within the rule. Additionally, these size
mstockstill on DSK3G9T082PROD with RULES
and authorized under an alternative restrictions are intended to be consistent
international tuna purse seine fisheries with the commercial salmon fisheries
management regime in the Pacific managed by the State of California. This
Ocean must submit the vessel rule corrects the table to be consistent
assessment fee, as established by the with the management measures
IATTC or other approved observer described in the text of the final rule,
program, to the Administrator, West and as adopted and recommended by
VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\06JNR1.SGM 06JNR1](https://thefederalregister.org/doc/81_FR_36291/page/2.svg)
Document Created: 2016-06-04 00:16:53
Document Modified: 2016-06-04 00:16:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on June 6, 2016. | |
| Contact | Chris Fanning, NMFS, West Coast Region, 562-980-4198. | |
| FR Citation | 81 FR 36183 | |
| RIN Number | 0648-BF71 | |
| CFR Citation | 50
CFR
216 50 CFR 300 |
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