81 FR 50401 - International Fisheries; Tuna and Tuna-Like Species in the Eastern Pacific Ocean; Fishing Restrictions Regarding Mobulid Rays

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range		50401-50404
FR Document		2016-18083

NMFS is issuing regulations under the Tuna Conventions Act to implement Resolution C-15-04 (Resolution on the Conservation of Mobulid Rays Caught in Association with Fisheries in the IATTC Convention Area) of the Inter-American Tropical Tuna Commission (IATTC). These regulations prohibit any part or whole carcass of mobulid rays (i.e., the family Mobulidae, which includes manta rays (Manta spp.) and devil rays (Mobula spp.)) caught in the IATTC Convention Area from being retained on board, transshipped, landed, stored, sold, or offered for sale. These regulations also provide requirements for the release of mobulid rays. This rule also revises related codified text for consistency with the recent amendments to the Tuna Conventions Act. This action is necessary for the United States to satisfy its obligations as a member of the IATTC.

Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)

[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Rules and Regulations]
[Pages 50401-50404]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-18083]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 160104009-6617-02]
RIN 0648-BF65

International Fisheries; Tuna and Tuna-Like Species in the
Eastern Pacific Ocean; Fishing Restrictions Regarding Mobulid Rays

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

ACTION: Final rule.

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SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act to
implement Resolution C-15-04 (Resolution on the Conservation of Mobulid
Rays Caught in Association with Fisheries in the IATTC Convention Area)
of the Inter-American Tropical Tuna Commission (IATTC). These
regulations prohibit any part or whole carcass of mobulid rays (i.e.,
the family Mobulidae, which includes manta rays (Manta spp.) and devil
rays (Mobula spp.)) caught in the IATTC Convention Area from being
retained on board, transshipped, landed, stored, sold, or offered for
sale. These regulations also provide requirements for the release of
mobulid rays. This rule also revises related codified text for
consistency with the recent amendments to the Tuna Conventions Act.
This action is necessary for the United States to satisfy its
obligations as a member of the IATTC.

DATES: This rule is effective August 1, 2016.

ADDRESSES: Copies of the Regulatory Impact Review and other supporting
documents are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2016-0035 or by contacting the
Regional Administrator, William W. Stelle, Jr., NMFS West Coast Region,
7600 Sand Point Way NE., Bldg. 1, Seattle, WA 98115-0070, or
RegionalAdministrator.WCRHMS@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS, West Coast
Region, 562-980-4036.

SUPPLEMENTARY INFORMATION:

Background on the IATTC

On April 22, 2016, NMFS published a proposed rule in the Federal
Register (81 FR 23669) to implement Resolution C-15-04 adopted by the
IATTC in 2015. The proposed rule contained additional background
information, including information on the IATTC, the international
obligations of the United States as an IATTC member, and the need for
regulations. The 30-day public comment period for the proposed rule
closed on May 23, 2016.
The final rule is implemented under the Tuna Conventions Act (16
U.S.C. 951 et seq.), as amended on November 5, 2015, by title II of
Public Law 114-81. The recent amendments provide that the Secretary of
Commerce, in consultation with the Secretary of State and, with respect
to enforcement measures, the Secretary of the Department of Homeland
Security, may promulgate such regulations as may be necessary to carry
out U.S. international obligations under the Convention, including
recommendations and decisions adopted by the IATTC. The Secretary's
authority to promulgate such regulations has been delegated to NMFS.
This rule implements Resolution C-15-04 for U.S. commercial fishing
vessels used in the IATTC Convention Area and prohibits any part or
whole carcass of a mobulid ray caught by vessels owners or operators in
the IATTC Convention Area from being retained on board, transshipped,
landed, stored, sold, or offered for sale. The rule provides that the
crew, operator, and owner of a U.S. commercial fishing vessel must
promptly release unharmed, to the extent practicable, any mobulid ray
(whether live or dead) caught in the IATTC Convention Area as soon as
it is seen in the net, on the hook, or on the deck, without
compromising the safety of any persons. If a mobulid ray is live when
caught, the crew, operator, and owner of a U.S. commercial fishing
vessel must follow the requirements for release that are incorporated
into regulatory text. Regulations at 50 CFR 300.25 already required
purse seine vessels to release all rays, except those being retained
for consumption aboard the vessel, as soon as practicable after being
identified on board the vessel during the brailing operation. This rule
revises regulations at 50 CFR 300.25 to specify that there are other
regulatory release requirements specifically for mobulid rays, as
described below.
The rule provides an exemption in the case of any mobulid ray
caught in the IATTC Convention Area on a purse seine vessel that is not
seen during fishing operations and is delivered into the vessel hold.
In this circumstance, the mobulid ray may be stored on board and
landed, but the vessel owner or operator must show the whole mobulid
ray to the on-board vessel observer at the point of landing for
recording purposes, and then dispose of the mobulid ray at the
direction of the responsible government authority. In U.S. ports, the
responsible governmental authority is the NOAA Office of Law
Enforcement divisional office nearest to the port or other authorized
personnel. Mobulid rays that are caught and landed in this manner may
not be sold or bartered, but may be donated for purposes of domestic
human consumption consistent with relevant laws and policies.
In addition, this rule would also revise related codified text for
consistency with the recent amendments to the Tuna Conventions Act made
by Title II of Public Law 114-81, effective on November 5, 2015 (Tuna
Conventions Act of 1950). The rule updates the purpose and scope for 50
CFR part 300, subpart C, by clarifying that the regulations in the
subpart are issued under the ``amended'' authority of the Tuna
Conventions Act of 1950, and that the regulations implement
``recommendations and other decisions'' of the IATTC for the
conservation and management of stocks of ``tunas and tuna-like species
and other species of fish taken by vessels fishing for tunas and tuna-
like species'' in the IATTC Convention Area. The rule also updates the
definitions description at Sec. 300.21 to clarify that the terms
defined in Sec. 300.2 include terms defined in the Antigua Convention.
The rule also revises the description in Sec. 300.25, which states how
NOAA implements IATTC recommendations and decisions through rulemaking,
to clarify that the Secretary, in consultation with the Secretary of
State and, with respect to enforcement measures, the U.S. Coast Guard
on behalf of the Secretary of the Department of Homeland Security, may
promulgate such regulations as may be necessary to carry out U.S.
international obligations.
In addition, to improve the readability of the regulatory text,
this action moves several paragraphs of regulatory text related to
bycatch in Sec. 300.25(e) to a new section (Sec. 300.27) that is
dedicated to incidental catch and retention requirements. Several
paragraphs in the prohibitions at Sec. 300.24 are updated for
consistency with the new section.

Public Comments and Responses

NMFS received three letters in response to the proposed rule during
the

[[Page 50402]]

30-day comment period that closed on May 23, 2016. The first letter,
submitted jointly by three non-governmental organizations (NGOs),
supported the proposed regulations and also requested that the United
States work to close the exemption in the IATTC Resolution C-15-04 for
developing small-scale and artisanal fisheries. NMFS responds to that
comment below. The second letter, from a member of the public,
supported the proposed regulations. A third letter, submitted jointly
by two NGOs, provided seven documents containing biological information
and further conservation recommendations about mobulid rays in the
IATTC Convention Area but did not directly express a view on the
proposed regulations. These documents seem to support the intent of the
proposed rule.
Comment: We remain concerned about the broader exemptions allowed
under Resolution C-15-04 that exempt small scale fisheries from mobulid
ray retention bans. We urge the United States to work to close
loopholes and otherwise improve mobulid ray protection, data
collection, and related capacity building at future meetings of the
IATTC.
Response: As described in the preamble of the proposed rule, the
requirements of Resolution C-15-04 do not apply to small-scale and
artisanal fisheries that fish exclusively for domestic consumption and
that are flagged/registered by a developing Member or Cooperating Non-
Member. Because the United States is not a developing nation, this
exclusion was not implemented in U.S. regulations. NMFS recognizes the
conservation concerns expressed by the commenter about providing this
exemption that allows certain other IATTC Members or Cooperating Non-
Members to continue taking mobulid rays. However, NMFS also
acknowledges that the IATTC took an important first step in
conservation measures for mobulid rays and that the IATTC can work to
strengthen these measures in future meetings.

Changes From the Proposed Rule

In Sec. 300.27(g), the description of responsible government
authority in U.S. ports was revised to clarify that the responsible
governmental authority in U.S. ports is the NOAA Office of Law
Enforcement divisional office nearest to the port. Previously the
language specified the Western Division and Pacific Island Division,
which may be too limiting to vessels landing in ports outside of these
regions. In addition, the language within the same paragraph is revised
to clarify that the observer should be shown the whole mobulid ray to
the observer at the point of landing specifically for recording
purposes rather than for other purposes.

Classification

The NMFS Assistant Administrator has determined that this rule is
consistent with the Tuna Conventions Act and other applicable laws.
This rule has been determined to be not significant for purposes of
Executive Order 12866. Additionally, although there are no new
collection-of-information requirements associated with this action that
are subject to the Paperwork Reduction Act (PRA), existing collection-
of-information requirements still apply under the following Control
Numbers: 0648-0148, 0648-0214, and 0648-0593. Notwithstanding any other
provision of the law, no person is required to respond to, and no
person shall be subject to penalty for failure to comply with, a
collection-of-information subject to the requirements of the PRA,
unless that collection-of-information displays a currently valid Office
of Management and Budget control number.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. On December 29, 2015, the NMFS issued a final rule
establishing a small business size standard of $11 million in annual
gross receipts for all businesses primarily engaged in the commercial
fishing industry (NAICS 11411) for Regulatory Flexibility Act (RFA)
compliance purposes only (80 FR 81194, December 29, 2015). The $11
million standard became effective on July 1, 2016, and is to be used in
place of the U.S. Small Business Administration's (SBA) current
standards of $20.5 million, $5.5 million, and $7.5 million for the
finfish (NAICS 114111), shellfish (NAICS 114112), and other marine
fishing (NAICS 114119) sectors of the U.S. commercial fishing industry
in all NMFS rules subject to the RFA after July 1, 2016. Id. at 81194.
The certification under the Regulatory Flexibility Act was
developed for this regulatory action at the proposed rule stage using
SBA's former size standards. Thus, NMFS has reviewed the analyses
prepared for this regulatory action in light of the new size standard.
All of the entities directly regulated by this regulatory action are
commercial finfish fishing businesses. The new standard could result in
a few less commercial finfish businesses being considered small.
However, NMFS has determined that the new size standard does not affect
its underlying analysis and, thus, NMFS has not changed its decision to
certify this regulatory action.
As described in the proposed rule, the small entities that would be
affected by this action are U.S. commercial fishing vessels that may be
used for IATTC fisheries in the IATTC Convention Area (i.e., purse
seine, longline, and large-mesh drift gillnet (DGN)). There are two
components to the U.S. tuna purse seine fishery in the EPO: (1) Purse
seine vessels with at least 363 metric tons (mt) of fish hold volume
(size class 6 vessels) that typically have been based in the western
and central Pacific Ocean, and (2) coastal purse seine vessels with
smaller fish hold volume that are based on the U.S. West Coast. As of
July 2016, there are 15 size class 6 purse seine vessels on the IATTC
Regional Vessel Register. In recent years, size class 6 purse seine
vessels have landed most of the yellowfin, skipjack, and bigeye tuna
catch in the EPO. Estimates of ex-vessel revenues for size class 6
purse seine vessels in the IATTC Convention Area since 2005 are
confidential and may not be publicly disclosed because of the small
number of vessels in the fishery. Since 2010, fewer than three coastal
purse seine vessels targeted tunas; therefore, their landings and
revenue are confidential. In 2014, eight coastal purse seine vessels
landed 1,413 mt of tuna (ex-vessel value of about $1,535,000) in west
coast ports. Participation in the large-mesh DGN fishery has declined
significantly over the years, from 78 vessels in 2000 to 18 in 2013.
The large-mesh DGN fishery primarily targets swordfish and to a lesser
extent common thresher shark. During 2003 to 2014, the average ex-
vessel value of the landings by the large mesh DGN fishery remained
near $1.8 million per year. U.S. West Coast vessels with deep-set
longline gear primarily target tuna species with a small percentage of
swordfish and other highly migratory species taken incidentally. U.S.
West Coast-based longline vessels fish primarily in the EPO and are
currently restricted to fishing with deep-set longline gear outside of
the U.S. West Coast EEZ. Given this restriction, there has been fewer
than three west coast-based vessels operating out of southern
California ports since 2005; therefore, landings and ex-vessel revenue
are confidential. Recently, the number of Hawaii-permitted longline
vessels that have landed in west coast ports has increased from one
vessel in 2006 to 14 vessels in 2014. In 2014, 621 mt of highly
migratory species were landed by Hawaii permitted longline vessels with

[[Page 50403]]

an average ex-vessel revenue of approximately $247,857 per vessel.
NMFS considers all entities subject to this action to be small
entities as defined by both the former, lower size standards and the
revised size standards. Because each affected vessel is a small
business, this proposed action is considered to equally affect all of
these small entities in the same manner. This action is not expected to
change the typical fishing practices of affected vessels or the income
of U.S. vessels because these vessels do not target mobulid rays, and
do not commonly catch mobulid rays, even incidentally. The action is
not expected to have a significant economic impact on substantial
number of small entities. Accordingly, vessel income is not expected to
be altered as a result of this rule. This action is not likely to
increase the economic or record keeping and reporting burden on U.S.
vessel owners and operators.
Further details on the factual basis for the certification were
published in the proposed rule (April 22, 2016, 81 FR 23669) and are
not repeated here. No comments were received regarding the
certification. Therefore, the certification published with the proposed
rule that states this rule is not expected to have a significant
economic impact on a substantial number of small entities is still
valid. As a result, a regulatory flexibility analysis was not required
and none was prepared.
The Assistant Administrator for Fisheries has determined that good
cause exists under 5 U.S.C. 553(d)(3) to waive the requirement for a
30-day delay in effectiveness. If this rule were subject to the 30-day
delay in effectiveness, the United States would not be able to satisfy
its international obligations to implement legally binding IATTC
Resolution C-15-04 by August 1, 2016, which is the effective date
specified in the resolution. Additionally, the rule does not require
the regulated entities to undertake actions (such as purchasing
equipment, re-writing software, creating new reporting sheets, or
training in new skills) in order to come into compliance with this rule
prior to the effective date. As soon as the rule is filed with the
Office of the Federal Register, notice will be sent to inform members
of the tuna-fishing industry.

List of Subjects in 50 CFR Part 300

Fish, Fisheries, Fishing, Fishing vessels, International
organizations, Marine resources, Reporting and recordkeeping
requirements, Treaties.

Dated: July 26, 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

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

Authority: 16 U.S.C. 951 et seq.

0
2. Section 300.20 is revised to read as follows:

Sec. 300.20 Purpose and scope.

The regulations in this subpart are issued under the authority of
the Tuna Conventions Act of 1950, as amended, (Act) and apply to
persons and vessels subject to the jurisdiction of the United States.
The regulations implement recommendations and other decisions of the
Inter-American Tropical Tuna Commission (IATTC) for the conservation
and management of stocks of tunas and tuna-like species and other
species of fish taken by vessels fishing for tunas and tuna-like
species in the IATTC Convention Area.

0
3. In Sec. 300.21, revise the introductory text and add a definition
for ``Mobulid ray'' in alphabetical order to read as follows:

Sec. 300.21 Definitions.

In addition to the terms defined in Sec. 300.2, in the Act, the
Convention for the Establishment of an Inter-American Tropical Tuna
Commission (Convention), and the Convention for the Strengthening of
the Inter-American Tropical Tuna Commission Established by the 1949
Convention between the United States of America and the Republic of
Costa Rica (Antigua Convention), the terms used in this subpart have
the following meanings. If a term is defined differently in Sec.
300.2, in the Act, or in the Antigua Convention, the definition in this
section shall apply.
* * * * *
Mobulid ray means any animal in the family Mobulidae, which
includes manta rays (Manta spp.) and devil rays (Mobula spp.).
* * * * *

0
4. In Sec. 300.24, revise paragraphs (e), (f), (h), (t), (w), and (x)
and add paragraphs (cc) and (dd) to read as follows:

Sec. 300.24 Prohibitions.

* * * * *
(e) Fail to retain any bigeye, skipjack, or yellowfin tuna caught
by a fishing vessel of the United States of class size 4-6 using purse
seine gear in the Convention Area as required under Sec. 300.27(a).
(f) When using purse seine gear to fish for tuna in the Convention
Area, fail to release any non-tuna species as soon as practicable after
being identified on board the vessel during the brailing operation as
required in Sec. 300.27(b).
* * * * *
(h) Fail to use the sea turtle handling, release, and resuscitation
procedures in Sec. 300.27(c).
* * * * *
(t) Use a U.S. fishing vessel to fish for HMS in the Convention
Area and retain on board, transship, land, store, sell, or offer for
sale any part or whole carcass of an oceanic whitetip shark
(Carcharhinus longimanus) or fail to release unharmed, to the extent
practicable, all oceanic whitetip sharks when brought alongside the
vessel in contravention of Sec. 300.27(d).
* * * * *
(w) Set or attempt to set a purse seine on or around a whale shark
(Rhincodon typus) in contravention of Sec. 300.27(e).
(x) Fail to release a whale shark encircled in a purse seine net of
a fishing vessel as required in Sec. 300.27(f).
* * * * *
(cc) To retain on board, transship, store, land, sell, or offer for
sale any part or whole carcass of a mobulid ray, as described in Sec.
300.27(g).
(dd) Fail to handle or release a mobulid ray as required in Sec.
300.27(h).

0
5. In Sec. 300.25, revise paragraph (a), remove paragraph (e), and
redesignate paragraphs (f) through (h) as (e) through (g),
respectively.
The revision reads as follows:

Sec. 300.25 Eastern Pacific fisheries management.

(a) IATTC recommendations and decisions. The Secretary of Commerce,
in consultation with the Secretary of State and, with respect to
enforcement measures, the U.S. Coast Guard, may promulgate such
regulations as may be necessary to carry out the U.S. international
obligations under the Convention, Antigua Convention, and the Act,
including recommendations and other decisions adopted by the IATTC.
* * * * *

0
6. Section 300.27 is added to subpart C to read as follows:

[[Page 50404]]

Sec. 300.27 Incidental catch and tuna retention requirements.

(a) Tuna retention requirements for purse seine vessels. Bigeye,
skipjack, and yellowfin tuna caught in the Convention Area by a fishing
vessel of the United States of class size 4-6 (more than 182 metric
tons carrying capacity) using purse seine gear must be retained on
board and landed, except for fish deemed unfit for human consumption
for reasons other than size. This requirement shall not apply to the
last set of a trip if the available well capacity is insufficient to
accommodate the entire catch.
(b) Release requirements for non-tuna species on purse seine
vessels. All purse seine vessels must release all shark, billfish, ray
(not including mobulid rays, which are subject to paragraph (g) of this
section), dorado (Coryphaena hippurus), and other non-tuna fish
species, except those being retained for consumption aboard the vessel,
as soon as practicable after being identified on board the vessel
during the brailing operation.
(c) Sea turtle handling and release. All purse seine vessels must
apply special sea turtle handling and release requirements, as follows:
(1) Whenever a sea turtle is sighted in the net, a speedboat shall
be stationed close to the point where the net is lifted out of the
water to assist in release of the sea turtle;
(2) If a sea turtle is entangled in the net, net roll shall stop as
soon as the sea turtle comes out of the water and shall not resume
until the sea turtle has been disentangled and released;
(3) If, in spite of the measures taken under paragraphs (c)(1) and
(c)(2) of this section, a sea turtle is accidentally brought on board
the vessel alive and active, the vessel's engine shall be disengaged
and the sea turtle shall be released as quickly as practicable;
(4) If a sea turtle brought on board under paragraph (c)(3) of this
section is alive but comatose or inactive, the resuscitation procedures
described in Sec. 223.206(d)(1)(i)(B) of this title shall be used
before release of the turtle.
(d) Oceanic whitetip shark restrictions. The crew, operator, or
owner of a fishing vessel of the United States used to fish for HMS in
the Convention Area shall be prohibited from retaining on board,
transshipping, landing, storing, selling, or offering for sale any part
or whole carcass of an oceanic whitetip shark (Carcharhinus longimanus)
and must release unharmed, to the extent practicable, all oceanic
whitetip sharks when brought alongside the vessel.
(e) Whale shark restrictions for purse seine vessels. Owners,
operators, and crew of fishing vessels of the United States
commercially fishing for tuna in the Convention Area may not set or
attempt to set a purse seine on or around a whale shark (Rhincodon
typus) if the animal is sighted prior to the commencement of the set or
the attempted set.
(f) Whale shark release. The crew, operator, and owner of a fishing
vessel of the United States commercially fishing for tuna in the
Convention Area must release as soon as possible, any whale shark that
is encircled in a purse seine net, and must ensure that all reasonable
steps are taken to ensure its safe release.
(g) Mobulid ray restrictions. The crew, operator, and owner of a
U.S. commercial fishing vessel is prohibited from retaining on board,
transshipping, storing, landing, selling, or offering for sale any part
or whole carcass of a mobulid ray that is caught in the IATTC
Convention Area, except as provided in the following sentence. In the
case of any mobulid ray caught in the IATTC Convention Area on an
observed purse seine vessel that is not seen during fishing operations
and is delivered into the vessel hold, the mobulid ray may be stored on
board and landed, but the vessel owner or operator must show the whole
mobulid ray to the on-board observer at the point of landing for
recording purposes, and then dispose of the mobulid ray at the
direction of the responsible government authority. In U.S. ports the
responsible governmental authority is the NOAA Office of Law
Enforcement divisional office nearest to the port, or other authorized
personnel. Mobulid rays that are caught and landed in this manner may
not be sold or bartered, but may be donated for purposes of domestic
human consumption consistent with relevant laws and policies.
(h) Mobulid ray handling and release. The crew, operator, and owner
of a U.S. commercial fishing vessel must promptly release unharmed, to
the extent practicable, any mobulid ray (whether live or dead) caught
in the IATTC Convention Area as soon as it is seen in the net, on the
hook, or on the deck, without compromising the safety of any persons.
If a mobulid ray is live when caught, the crew, operator, and owner of
a U.S. commercial fishing vessel must use the release procedures
described in the following two paragraphs.
(1) No mobulid ray may be gaffed, no mobulid ray may be lifted by
the gill slits or spiracles or by using bind wire against or inserted
through the body, and no holes may be punched through the bodies of
mobulid ray (e.g., to pass a cable through for lifting the mobulid
ray).
(2) Applicable to purse seine operations, large mobulid rays must
be brailed out of the net by directly releasing the mobulid ray from
the brailer into the ocean. Large mobulid rays that cannot be released
without compromising the safety of persons or the mobulid ray before
being landed on deck, must be returned to the water as soon as
possible, either utilizing a ramp from the deck connecting to an
opening on the side of the boat, or lowered with a sling or net, using
a crane if available. The minimum size for the sling or net must be at
least 25 feet in diameter.

[FR Doc. 2016-18083 Filed 7-29-16; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 50401

* * * * * Background on the IATTC fishing operations and is delivered into
[FR Doc. 2016–18071 Filed 7–29–16; 8:45 am]
On April 22, 2016, NMFS published the vessel hold. In this circumstance,
BILLING CODE 3510–22–P
a proposed rule in the Federal Register the mobulid ray may be stored on board
(81 FR 23669) to implement Resolution and landed, but the vessel owner or
C–15–04 adopted by the IATTC in 2015. operator must show the whole mobulid
DEPARTMENT OF COMMERCE ray to the on-board vessel observer at
The proposed rule contained additional
background information, including the point of landing for recording
National Oceanic and Atmospheric purposes, and then dispose of the
Administration information on the IATTC, the
international obligations of the United mobulid ray at the direction of the
States as an IATTC member, and the responsible government authority. In
50 CFR Part 300 U.S. ports, the responsible governmental
need for regulations. The 30-day public
[Docket No. 160104009–6617–02] authority is the NOAA Office of Law
comment period for the proposed rule
Enforcement divisional office nearest to
RIN 0648–BF65 closed on May 23, 2016.
The final rule is implemented under the port or other authorized personnel.
the Tuna Conventions Act (16 U.S.C. Mobulid rays that are caught and landed
International Fisheries; Tuna and
in this manner may not be sold or
Tuna-Like Species in the Eastern 951 et seq.), as amended on November
bartered, but may be donated for
Pacific Ocean; Fishing Restrictions 5, 2015, by title II of Public Law 114–
purposes of domestic human
Regarding Mobulid Rays 81. The recent amendments provide that
consumption consistent with relevant
the Secretary of Commerce, in
AGENCY: National Marine Fisheries laws and policies.
consultation with the Secretary of State In addition, this rule would also
Service (NMFS), National Oceanic and and, with respect to enforcement
Atmospheric Administration (NOAA), revise related codified text for
measures, the Secretary of the consistency with the recent
Commerce. Department of Homeland Security, may
ACTION: Final rule.
amendments to the Tuna Conventions
promulgate such regulations as may be Act made by Title II of Public Law 114–
necessary to carry out U.S. international 81, effective on November 5, 2015 (Tuna
SUMMARY: NMFS is issuing regulations
obligations under the Convention, Conventions Act of 1950). The rule
under the Tuna Conventions Act to
including recommendations and updates the purpose and scope for 50
implement Resolution C–15–04
decisions adopted by the IATTC. The CFR part 300, subpart C, by clarifying
(Resolution on the Conservation of
Secretary’s authority to promulgate such that the regulations in the subpart are
Mobulid Rays Caught in Association
regulations has been delegated to issued under the ‘‘amended’’ authority
with Fisheries in the IATTC Convention
NMFS. of the Tuna Conventions Act of 1950,
Area) of the Inter-American Tropical This rule implements Resolution C–
Tuna Commission (IATTC). These and that the regulations implement
15–04 for U.S. commercial fishing ‘‘recommendations and other decisions’’
regulations prohibit any part or whole vessels used in the IATTC Convention
carcass of mobulid rays (i.e., the family of the IATTC for the conservation and
Area and prohibits any part or whole management of stocks of ‘‘tunas and
Mobulidae, which includes manta rays carcass of a mobulid ray caught by
(Manta spp.) and devil rays (Mobula tuna-like species and other species of
vessels owners or operators in the fish taken by vessels fishing for tunas
spp.)) caught in the IATTC Convention IATTC Convention Area from being
Area from being retained on board, and tuna-like species’’ in the IATTC
retained on board, transshipped, landed, Convention Area. The rule also updates
transshipped, landed, stored, sold, or stored, sold, or offered for sale. The rule
offered for sale. These regulations also the definitions description at § 300.21 to
provides that the crew, operator, and clarify that the terms defined in § 300.2
provide requirements for the release of owner of a U.S. commercial fishing
mobulid rays. This rule also revises include terms defined in the Antigua
vessel must promptly release unharmed, Convention. The rule also revises the
related codified text for consistency to the extent practicable, any mobulid
with the recent amendments to the Tuna description in § 300.25, which states
ray (whether live or dead) caught in the how NOAA implements IATTC
Conventions Act. This action is IATTC Convention Area as soon as it is
necessary for the United States to satisfy recommendations and decisions
seen in the net, on the hook, or on the through rulemaking, to clarify that the
its obligations as a member of the deck, without compromising the safety
IATTC. Secretary, in consultation with the
of any persons. If a mobulid ray is live Secretary of State and, with respect to
DATES: This rule is effective August 1, when caught, the crew, operator, and enforcement measures, the U.S. Coast
2016. owner of a U.S. commercial fishing Guard on behalf of the Secretary of the
ADDRESSES: Copies of the Regulatory vessel must follow the requirements for Department of Homeland Security, may
Impact Review and other supporting release that are incorporated into promulgate such regulations as may be
documents are available via the Federal regulatory text. Regulations at 50 CFR necessary to carry out U.S. international
eRulemaking Portal: http:// 300.25 already required purse seine obligations.
www.regulations.gov, docket NOAA– vessels to release all rays, except those In addition, to improve the readability
NMFS–2016–0035 or by contacting the being retained for consumption aboard of the regulatory text, this action moves
Regional Administrator, William W. the vessel, as soon as practicable after several paragraphs of regulatory text
Stelle, Jr., NMFS West Coast Region, being identified on board the vessel related to bycatch in § 300.25(e) to a
7600 Sand Point Way NE., Bldg. 1, during the brailing operation. This rule new section (§ 300.27) that is dedicated
Seattle, WA 98115–0070, or revises regulations at 50 CFR 300.25 to to incidental catch and retention
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RegionalAdministrator.WCRHMS@ specify that there are other regulatory requirements. Several paragraphs in the
noaa.gov. release requirements specifically for prohibitions at § 300.24 are updated for
mobulid rays, as described below. consistency with the new section.
FOR FURTHER INFORMATION CONTACT: The rule provides an exemption in the
Rachael Wadsworth, NMFS, West Coast case of any mobulid ray caught in the Public Comments and Responses
Region, 562–980–4036. IATTC Convention Area on a purse NMFS received three letters in
SUPPLEMENTARY INFORMATION: seine vessel that is not seen during response to the proposed rule during the

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Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations 50403

an average ex-vessel revenue of Dated: July 26, 2016. (e) Fail to retain any bigeye, skipjack,
approximately $247,857 per vessel. Samuel D. Rauch III, or yellowfin tuna caught by a fishing
NMFS considers all entities subject to Deputy Assistant Administrator for vessel of the United States of class size
this action to be small entities as Regulatory Programs, National Marine 4–6 using purse seine gear in the
Fisheries Service. Convention Area as required under
defined by both the former, lower size
standards and the revised size For the reasons set out in the § 300.27(a).
standards. Because each affected vessel preamble, 50 CFR part 300 is amended (f) When using purse seine gear to fish
is a small business, this proposed action as follows: for tuna in the Convention Area, fail to
is considered to equally affect all of release any non-tuna species as soon as
these small entities in the same manner. PART 300—INTERNATIONAL practicable after being identified on
This action is not expected to change FISHERIES REGULATIONS board the vessel during the brailing
the typical fishing practices of affected operation as required in § 300.27(b).
■ 1. The authority citation for part 300,
vessels or the income of U.S. vessels subpart C, continues to read as follows: * * * * *
because these vessels do not target
Authority: 16 U.S.C. 951 et seq. (h) Fail to use the sea turtle handling,
mobulid rays, and do not commonly
release, and resuscitation procedures in
catch mobulid rays, even incidentally. ■ 2. Section 300.20 is revised to read as § 300.27(c).
The action is not expected to have a follows:
significant economic impact on * * * * *
substantial number of small entities. § 300.20 Purpose and scope. (t) Use a U.S. fishing vessel to fish for
Accordingly, vessel income is not The regulations in this subpart are HMS in the Convention Area and retain
expected to be altered as a result of this issued under the authority of the Tuna on board, transship, land, store, sell, or
rule. This action is not likely to increase Conventions Act of 1950, as amended, offer for sale any part or whole carcass
the economic or record keeping and (Act) and apply to persons and vessels of an oceanic whitetip shark
reporting burden on U.S. vessel owners subject to the jurisdiction of the United (Carcharhinus longimanus) or fail to
and operators. States. The regulations implement release unharmed, to the extent
recommendations and other decisions of practicable, all oceanic whitetip sharks
Further details on the factual basis for the Inter-American Tropical Tuna
the certification were published in the when brought alongside the vessel in
Commission (IATTC) for the contravention of § 300.27(d).
proposed rule (April 22, 2016, 81 FR conservation and management of stocks
23669) and are not repeated here. No * * * * *
of tunas and tuna-like species and other
comments were received regarding the species of fish taken by vessels fishing (w) Set or attempt to set a purse seine
certification. Therefore, the certification for tunas and tuna-like species in the on or around a whale shark (Rhincodon
published with the proposed rule that IATTC Convention Area. typus) in contravention of § 300.27(e).
states this rule is not expected to have (x) Fail to release a whale shark
■ 3. In § 300.21, revise the introductory
a significant economic impact on a encircled in a purse seine net of a
substantial number of small entities is text and add a definition for ‘‘Mobulid
ray’’ in alphabetical order to read as fishing vessel as required in § 300.27(f).
still valid. As a result, a regulatory
flexibility analysis was not required and follows: * * * * *
none was prepared. § 300.21 Definitions. (cc) To retain on board, transship,
In addition to the terms defined in store, land, sell, or offer for sale any part
The Assistant Administrator for
§ 300.2, in the Act, the Convention for or whole carcass of a mobulid ray, as
Fisheries has determined that good
the Establishment of an Inter-American described in § 300.27(g).
cause exists under 5 U.S.C. 553(d)(3) to
waive the requirement for a 30-day Tropical Tuna Commission (dd) Fail to handle or release a
delay in effectiveness. If this rule were (Convention), and the Convention for mobulid ray as required in § 300.27(h).
subject to the 30-day delay in the Strengthening of the Inter-American ■ 5. In § 300.25, revise paragraph (a),
effectiveness, the United States would Tropical Tuna Commission Established remove paragraph (e), and redesignate
not be able to satisfy its international by the 1949 Convention between the paragraphs (f) through (h) as (e) through
obligations to implement legally binding United States of America and the (g), respectively.
IATTC Resolution C–15–04 by August 1, Republic of Costa Rica (Antigua
2016, which is the effective date Convention), the terms used in this The revision reads as follows:
specified in the resolution. subpart have the following meanings. If § 300.25 Eastern Pacific fisheries
Additionally, the rule does not require a term is defined differently in § 300.2, management.
the regulated entities to undertake in the Act, or in the Antigua
actions (such as purchasing equipment, Convention, the definition in this (a) IATTC recommendations and
re-writing software, creating new section shall apply. decisions. The Secretary of Commerce,
reporting sheets, or training in new in consultation with the Secretary of
* * * * * State and, with respect to enforcement
skills) in order to come into compliance Mobulid ray means any animal in the
with this rule prior to the effective date. measures, the U.S. Coast Guard, may
family Mobulidae, which includes
As soon as the rule is filed with the promulgate such regulations as may be
manta rays (Manta spp.) and devil rays
Office of the Federal Register, notice necessary to carry out the U.S.
(Mobula spp.).
will be sent to inform members of the international obligations under the
* * * * * Convention, Antigua Convention, and
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tuna-fishing industry. ■ 4. In § 300.24, revise paragraphs (e), the Act, including recommendations
List of Subjects in 50 CFR Part 300 (f), (h), (t), (w), and (x) and add and other decisions adopted by the
paragraphs (cc) and (dd) to read as IATTC.
Fish, Fisheries, Fishing, Fishing follows: * * * * *
vessels, International organizations,
Marine resources, Reporting and § 300.24 Prohibitions. ■ 6. Section 300.27 is added to subpart
recordkeeping requirements, Treaties. * * * * * C to read as follows:

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Document Created: 2016-07-30 06:26:06
Document Modified: 2016-07-30 06:26:06

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 August 1, 2016.
Contact		Rachael Wadsworth, NMFS, West Coast Region, 562-980-4036.
FR Citation		81 FR 50401
RIN Number		0648-BF65
CFR Associated		Fish; Fisheries; Fishing; Fishing Vessels; International Organizations; Marine Resources; Reporting and Recordkeeping Requirements and Treaties

81 FR 50401 - International Fisheries; Tuna and Tuna-Like Species in the Eastern Pacific Ocean; Fishing Restrictions Regarding Mobulid Rays

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 147 (August 1, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration