81 FR 58410 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Closure of Purse Seine Fishery in the ELAPS in 2016

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 165 (August 25, 2016)

NMFS announces that the purse seine fishery in the Effort Limit Area for Purse Seine, or ELAPS, will close as a result of reaching the 2016 limit on purse seine fishing effort in the ELAPS. This action is necessary for the United States to implement provisions of a conservation and management measure adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party.

[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58410-58411]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20420]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 160322276-6276-01]
RIN 0648-XE741


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Closure of Purse Seine Fishery in the 
ELAPS in 2016

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

ACTION: Temporary rule; fishery closure.

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SUMMARY: NMFS announces that the purse seine fishery in the Effort 
Limit Area for Purse Seine, or ELAPS, will close as a result of 
reaching the 2016 limit on purse seine fishing effort in the ELAPS. 
This action is necessary for the United States to implement provisions 
of a conservation and management measure adopted by the Commission for 
the Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy 
the obligations of the United States under the Convention on the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (Convention), to which it is a 
Contracting Party.

DATES: Effective 00:00 on September 2, 2016 universal time coordinated 
(UTC), until 24:00 on December 31, 2016 UTC.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands 
Regional Office, 808-725-5032.

SUPPLEMENTARY INFORMATION: U.S. purse seine fishing in the area of 
application of the Convention, or Convention Area, is managed, in part, 
under the Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6901 et seq.). Regulations implementing 
the Act are at 50 CFR part 300, subpart O. On behalf of the Secretary 
of Commerce, NMFS promulgates regulations under the Act as may be 
necessary to carry out the obligations of the United States under the 
Convention, including implementation of the decisions of the 
Commission.
    Pursuant to WCPFC Conservation and Management Measure 2015-01, NMFS 
issued regulations that established a limit of 1,828 fishing days that 
may be used by U.S. purse seine fishing vessels in the ELAPS in 
calendar year 2016 (see interim rule at 81 FR 33147, published May 25, 
2016, codified at 50 CFR 300.223). The ELAPS consists of the areas of 
the U.S. exclusive economic zone and the high seas that are in the 
Convention Area between the latitudes of 20[deg] N. and 20[deg] S. (see 
definition at 50 CFR 300.211). A fishing day means any day in which a 
fishing vessel of the United States equipped with purse seine gear 
searches for fish, deploys a fish aggregating device (FAD), services a 
FAD, or sets a purse seine, with the exception of setting a purse seine 
solely for the purpose of testing or cleaning the gear and resulting in 
no catch (see definition at 50 CFR 300.211).
    Based on data submitted in logbooks and other available 
information, NMFS expects that the limit of 1,828 fishing days in the 
ELAPS will be reached, and in accordance with the procedures 
established at 50 CFR 300.223(a), announces that the purse seine 
fishery in the ELAPS will be closed starting at 00:00 on September 2, 
2016 UTC, and will remain closed until 24:00 on December 31, 2016 UTC. 
Accordingly, it shall be prohibited for any fishing vessel of the 
United States equipped with purse seine gear to be used for fishing in 
the ELAPS from 00:00 on September 2, 2016 UTC until 24:00 December 31, 
2016 UTC, except that such vessels will not prohibited from bunkering 
in the ELAPS during that period (50 CFR 300.223(a)).

Classification

    There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice 
and opportunity for public comment on this action. Compliance with the 
notice and comment requirement would be impracticable and contrary to 
the public interest, since NMFS would be unable to ensure that the 2016 
limit on purse seine fishing effort in the ELAPS is not exceeded. This 
action is based on the best available information on U.S. purse seine 
fishing effort in the ELAPS. The action is necessary for the United 
States to comply with its obligations under the Convention and is 
important for the conservation and management of bigeye tuna, yellowfin 
tuna, and skipjack tuna in the western and central Pacific Ocean. For 
the same reasons, there is good cause under 5 U.S.C. 553(d)(3) to 
establish an effective date less than 30 days after the date of 
publication of this notice.

[[Page 58411]]

    This action is required by 50 CFR 300.223(a) and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 6901 et seq.

    Dated: August 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-20420 Filed 8-24-16; 8:45 am]
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