81_FR_50548 81 FR 50401 - International Fisheries; Tuna and Tuna-Like Species in the Eastern Pacific Ocean; Fishing Restrictions Regarding Mobulid Rays

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 Range50401-50404
FR Document2016-18083

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.

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

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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                                              50402              Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations

                                              30-day comment period that closed on                     to the observer at the point of landing               that the new size standard does not
                                              May 23, 2016. The first letter, submitted                specifically for recording purposes                   affect its underlying analysis and, thus,
                                              jointly by three non-governmental                        rather than for other purposes.                       NMFS has not changed its decision to
                                              organizations (NGOs), supported the                                                                            certify this regulatory action.
                                                                                                       Classification
                                              proposed regulations and also requested                                                                           As described in the proposed rule, the
                                              that the United States work to close the                    The NMFS Assistant Administrator                   small entities that would be affected by
                                              exemption in the IATTC Resolution C–                     has determined that this rule is                      this action are U.S. commercial fishing
                                              15–04 for developing small-scale and                     consistent with the Tuna Conventions                  vessels that may be used for IATTC
                                              artisanal fisheries. NMFS responds to                    Act and other applicable laws. This rule              fisheries in the IATTC Convention Area
                                              that comment below. The second letter,                   has been determined to be not
                                                                                                                                                             (i.e., purse seine, longline, and large-
                                              from a member of the public, supported                   significant for purposes of Executive
                                                                                                                                                             mesh drift gillnet (DGN)). There are two
                                              the proposed regulations. A third letter,                Order 12866. Additionally, although
                                                                                                                                                             components to the U.S. tuna purse seine
                                              submitted jointly by two NGOs,                           there are no new collection-of-
                                                                                                                                                             fishery in the EPO: (1) Purse seine
                                              provided seven documents containing                      information requirements associated
                                                                                                                                                             vessels with at least 363 metric tons (mt)
                                              biological information and further                       with this action that are subject to the
                                                                                                                                                             of fish hold volume (size class 6 vessels)
                                              conservation recommendations about                       Paperwork Reduction Act (PRA),
                                                                                                                                                             that typically have been based in the
                                              mobulid rays in the IATTC Convention                     existing collection-of-information
                                                                                                                                                             western and central Pacific Ocean, and
                                              Area but did not directly express a view                 requirements still apply under the
                                                                                                                                                             (2) coastal purse seine vessels with
                                              on the proposed regulations. These                       following Control Numbers: 0648–0148,
                                                                                                       0648–0214, and 0648–0593.                             smaller fish hold volume that are based
                                              documents seem to support the intent of                                                                        on the U.S. West Coast. As of July 2016,
                                              the proposed rule.                                       Notwithstanding any other provision of
                                                                                                       the law, no person is required to                     there are 15 size class 6 purse seine
                                                 Comment: We remain concerned
                                                                                                       respond to, and no person shall be                    vessels on the IATTC Regional Vessel
                                              about the broader exemptions allowed
                                                                                                       subject to penalty for failure to comply              Register. In recent years, size class 6
                                              under Resolution C–15–04 that exempt
                                                                                                       with, a collection-of-information subject             purse seine vessels have landed most of
                                              small scale fisheries from mobulid ray
                                                                                                       to the requirements of the PRA, unless                the yellowfin, skipjack, and bigeye tuna
                                              retention bans. We urge the United
                                                                                                       that collection-of-information displays a             catch in the EPO. Estimates of ex-vessel
                                              States to work to close loopholes and
                                                                                                       currently valid Office of Management                  revenues for size class 6 purse seine
                                              otherwise improve mobulid ray
                                                                                                       and Budget control number.                            vessels in the IATTC Convention Area
                                              protection, data collection, and related
                                              capacity building at future meetings of                     The Chief Counsel for Regulation of                since 2005 are confidential and may not
                                              the IATTC.                                               the Department of Commerce certified                  be publicly disclosed because of the
                                                 Response: As described in the                         to the Chief Counsel for Advocacy of the              small number of vessels in the fishery.
                                              preamble of the proposed rule, the                       Small Business Administration during                  Since 2010, fewer than three coastal
                                              requirements of Resolution C–15–04 do                    the proposed rule stage that this action              purse seine vessels targeted tunas;
                                              not apply to small-scale and artisanal                   would not have a significant economic                 therefore, their landings and revenue are
                                              fisheries that fish exclusively for                      impact on a substantial number of small               confidential. In 2014, eight coastal purse
                                              domestic consumption and that are                        entities. On December 29, 2015, the                   seine vessels landed 1,413 mt of tuna
                                              flagged/registered by a developing                       NMFS issued a final rule establishing a               (ex-vessel value of about $1,535,000) in
                                              Member or Cooperating Non-Member.                        small business size standard of $11                   west coast ports. Participation in the
                                              Because the United States is not a                       million in annual gross receipts for all              large-mesh DGN fishery has declined
                                              developing nation, this exclusion was                    businesses primarily engaged in the                   significantly over the years, from 78
                                              not implemented in U.S. regulations.                     commercial fishing industry (NAICS                    vessels in 2000 to 18 in 2013. The large-
                                              NMFS recognizes the conservation                         11411) for Regulatory Flexibility Act                 mesh DGN fishery primarily targets
                                              concerns expressed by the commenter                      (RFA) compliance purposes only (80 FR                 swordfish and to a lesser extent
                                              about providing this exemption that                      81194, December 29, 2015). The $11                    common thresher shark. During 2003 to
                                              allows certain other IATTC Members or                    million standard became effective on                  2014, the average ex-vessel value of the
                                              Cooperating Non-Members to continue                      July 1, 2016, and is to be used in place              landings by the large mesh DGN fishery
                                              taking mobulid rays. However, NMFS                       of the U.S. Small Business                            remained near $1.8 million per year.
                                              also acknowledges that the IATTC took                    Administration’s (SBA) current                        U.S. West Coast vessels with deep-set
                                              an important first step in conservation                  standards of $20.5 million, $5.5 million,             longline gear primarily target tuna
                                              measures for mobulid rays and that the                   and $7.5 million for the finfish (NAICS               species with a small percentage of
                                              IATTC can work to strengthen these                       114111), shellfish (NAICS 114112), and                swordfish and other highly migratory
                                              measures in future meetings.                             other marine fishing (NAICS 114119)                   species taken incidentally. U.S. West
                                                                                                       sectors of the U.S. commercial fishing                Coast-based longline vessels fish
                                              Changes From the Proposed Rule                           industry in all NMFS rules subject to                 primarily in the EPO and are currently
                                                In § 300.27(g), the description of                     the RFA after July 1, 2016. Id. at 81194.             restricted to fishing with deep-set
                                              responsible government authority in                         The certification under the Regulatory             longline gear outside of the U.S. West
                                              U.S. ports was revised to clarify that the               Flexibility Act was developed for this                Coast EEZ. Given this restriction, there
                                              responsible governmental authority in                    regulatory action at the proposed rule                has been fewer than three west coast-
                                              U.S. ports is the NOAA Office of Law                     stage using SBA’s former size standards.              based vessels operating out of southern
                                              Enforcement divisional office nearest to                 Thus, NMFS has reviewed the analyses                  California ports since 2005; therefore,
                                              the port. Previously the language                        prepared for this regulatory action in                landings and ex-vessel revenue are
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                                              specified the Western Division and                       light of the new size standard. All of the            confidential. Recently, the number of
                                              Pacific Island Division, which may be                    entities directly regulated by this                   Hawaii-permitted longline vessels that
                                              too limiting to vessels landing in ports                 regulatory action are commercial finfish              have landed in west coast ports has
                                              outside of these regions. In addition, the               fishing businesses. The new standard                  increased from one vessel in 2006 to 14
                                              language within the same paragraph is                    could result in a few less commercial                 vessels in 2014. In 2014, 621 mt of
                                              revised to clarify that the observer                     finfish businesses being considered                   highly migratory species were landed by
                                              should be shown the whole mobulid ray                    small. However, NMFS has determined                   Hawaii permitted longline vessels with


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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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                                              50404              Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Rules and Regulations

                                              § 300.27 Incidental catch and tuna                          (e) Whale shark restrictions for purse             and no holes may be punched through
                                              retention requirements.                                  seine vessels. Owners, operators, and                 the bodies of mobulid ray (e.g., to pass
                                                 (a) Tuna retention requirements for                   crew of fishing vessels of the United                 a cable through for lifting the mobulid
                                              purse seine vessels. Bigeye, skipjack,                   States commercially fishing for tuna in               ray).
                                              and yellowfin tuna caught in the                         the Convention Area may not set or                       (2) Applicable to purse seine
                                              Convention Area by a fishing vessel of                   attempt to set a purse seine on or                    operations, large mobulid rays must be
                                              the United States of class size 4–6 (more                around a whale shark (Rhincodon typus)                brailed out of the net by directly
                                              than 182 metric tons carrying capacity)                  if the animal is sighted prior to the                 releasing the mobulid ray from the
                                              using purse seine gear must be retained                  commencement of the set or the                        brailer into the ocean. Large mobulid
                                              on board and landed, except for fish                     attempted set.                                        rays that cannot be released without
                                              deemed unfit for human consumption                          (f) Whale shark release. The crew,                 compromising the safety of persons or
                                              for reasons other than size. This                        operator, and owner of a fishing vessel               the mobulid ray before being landed on
                                              requirement shall not apply to the last                  of the United States commercially                     deck, must be returned to the water as
                                              set of a trip if the available well capacity             fishing for tuna in the Convention Area               soon as possible, either utilizing a ramp
                                              is insufficient to accommodate the                       must release as soon as possible, any                 from the deck connecting to an opening
                                              entire catch.                                            whale shark that is encircled in a purse              on the side of the boat, or lowered with
                                                 (b) Release requirements for non-tuna                 seine net, and must ensure that all                   a sling or net, using a crane if available.
                                              species on purse seine vessels. All purse                reasonable steps are taken to ensure its              The minimum size for the sling or net
                                              seine vessels must release all shark,                    safe release.                                         must be at least 25 feet in diameter.
                                              billfish, ray (not including mobulid                        (g) Mobulid ray restrictions. The crew,
                                                                                                                                                             [FR Doc. 2016–18083 Filed 7–29–16; 8:45 am]
                                              rays, which are subject to paragraph (g)                 operator, and owner of a U.S.
                                                                                                                                                             BILLING CODE 3510–22–P
                                              of this section), dorado (Coryphaena                     commercial fishing vessel is prohibited
                                              hippurus), and other non-tuna fish                       from retaining on board, transshipping,
                                              species, except those being retained for                 storing, landing, selling, or offering for            DEPARTMENT OF COMMERCE
                                              consumption aboard the vessel, as soon                   sale any part or whole carcass of a
                                                                                                       mobulid ray that is caught in the IATTC               National Oceanic and Atmospheric
                                              as practicable after being identified on
                                                                                                       Convention Area, except as provided in                Administration
                                              board the vessel during the brailing
                                                                                                       the following sentence. In the case of
                                              operation.
                                                                                                       any mobulid ray caught in the IATTC                   50 CFR Part 679
                                                 (c) Sea turtle handling and release.
                                                                                                       Convention Area on an observed purse
                                              All purse seine vessels must apply                                                                             [Docket No. 150818742–6210–02]
                                                                                                       seine vessel that is not seen during
                                              special sea turtle handling and release
                                                                                                       fishing operations and is delivered into              RIN 0648–XE771
                                              requirements, as follows:                                the vessel hold, the mobulid ray may be
                                                 (1) Whenever a sea turtle is sighted in               stored on board and landed, but the                   Fisheries of the Exclusive Economic
                                              the net, a speedboat shall be stationed                  vessel owner or operator must show the                Zone Off Alaska; Dusky Rockfish in the
                                              close to the point where the net is lifted               whole mobulid ray to the on-board                     West Yakutat District of the Gulf of
                                              out of the water to assist in release of                 observer at the point of landing for                  Alaska
                                              the sea turtle;                                          recording purposes, and then dispose of
                                                 (2) If a sea turtle is entangled in the               the mobulid ray at the direction of the               AGENCY:  National Marine Fisheries
                                              net, net roll shall stop as soon as the sea              responsible government authority. In                  Service (NMFS), National Oceanic and
                                              turtle comes out of the water and shall                  U.S. ports the responsible governmental               Atmospheric Administration (NOAA),
                                              not resume until the sea turtle has been                 authority is the NOAA Office of Law                   Commerce.
                                              disentangled and released;                               Enforcement divisional office nearest to              ACTION: Temporary rule; closure.
                                                 (3) If, in spite of the measures taken                the port, or other authorized personnel.
                                              under paragraphs (c)(1) and (c)(2) of this                                                                     SUMMARY:   NMFS is prohibiting directed
                                                                                                       Mobulid rays that are caught and landed               fishing for dusky rockfish in the West
                                              section, a sea turtle is accidentally                    in this manner may not be sold or
                                              brought on board the vessel alive and                                                                          Yakutat District of the Gulf of Alaska
                                                                                                       bartered, but may be donated for                      (GOA). This action is necessary to
                                              active, the vessel’s engine shall be                     purposes of domestic human
                                              disengaged and the sea turtle shall be                                                                         prevent exceeding the 2016 total
                                                                                                       consumption consistent with relevant                  allowable catch of dusky rockfish in the
                                              released as quickly as practicable;                      laws and policies.
                                                 (4) If a sea turtle brought on board                                                                        West Yakutat District of the GOA.
                                                                                                          (h) Mobulid ray handling and release.
                                              under paragraph (c)(3) of this section is                The crew, operator, and owner of a U.S.               DATES: Effective 1200 hours, Alaska
                                              alive but comatose or inactive, the                      commercial fishing vessel must                        local time (A.l.t.), July 27, 2016, through
                                              resuscitation procedures described in                    promptly release unharmed, to the                     2400 hours, A.l.t., December 31, 2016.
                                              § 223.206(d)(1)(i)(B) of this title shall be             extent practicable, any mobulid ray                   FOR FURTHER INFORMATION CONTACT:
                                              used before release of the turtle.                       (whether live or dead) caught in the                  Steve Whitney, 907–586–7228.
                                                 (d) Oceanic whitetip shark                            IATTC Convention Area as soon as it is                SUPPLEMENTARY INFORMATION: NMFS
                                              restrictions. The crew, operator, or                     seen in the net, on the hook, or on the               manages the groundfish fishery in the
                                              owner of a fishing vessel of the United                  deck, without compromising the safety                 GOA exclusive economic zone
                                              States used to fish for HMS in the                       of any persons. If a mobulid ray is live              according to the Fishery Management
                                              Convention Area shall be prohibited                      when caught, the crew, operator, and                  Plan for Groundfish of the Gulf of
                                              from retaining on board, transshipping,                  owner of a U.S. commercial fishing                    Alaska (FMP) prepared by the North
sradovich on DSK3GMQ082PROD with RULES




                                              landing, storing, selling, or offering for               vessel must use the release procedures                Pacific Fishery Management Council
                                              sale any part or whole carcass of an                     described in the following two                        under authority of the Magnuson-
                                              oceanic whitetip shark (Carcharhinus                     paragraphs.                                           Stevens Fishery Conservation and
                                              longimanus) and must release                                (1) No mobulid ray may be gaffed, no               Management Act. Regulations governing
                                              unharmed, to the extent practicable, all                 mobulid ray may be lifted by the gill                 fishing by U.S. vessels in accordance
                                              oceanic whitetip sharks when brought                     slits or spiracles or by using bind wire              with the FMP appear at subpart H of 50
                                              alongside the vessel.                                    against or inserted through the body,                 CFR part 600 and 50 CFR part 679.


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Document Created: 2016-07-30 06:26:06
Document Modified: 2016-07-30 06:26:06
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
ActionFinal rule.
DatesThis rule is effective August 1, 2016.
ContactRachael Wadsworth, NMFS, West Coast Region, 562-980-4036.
FR Citation81 FR 50401 
RIN Number0648-BF65
CFR AssociatedFish; Fisheries; Fishing; Fishing Vessels; International Organizations; Marine Resources; Reporting and Recordkeeping Requirements and Treaties

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