81_FR_58575 81 FR 58410 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Closure of Purse Seine Fishery in the ELAPS in 2016

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)

Page Range58410-58411
FR Document2016-20420

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 Issue 165 (Thursday, August 25, 2016) 
[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]
BILLING CODE 3510-22-P

58410 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations government and the States or tribal accordance with label directions and Pursuant to WCPFC Conservation and governments, or on the distribution of good agricultural practices. Management Measure 2015–01, NMFS power and responsibilities among the [FR Doc. 2016–20409 Filed 8–24–16; 8:45 am] issued regulations that established a various levels of government or between BILLING CODE 6560–50–P limit of 1,828 fishing days that may be the Federal Government and Indian used by U.S. purse seine fishing vessels tribes. Thus, the Agency has determined in the ELAPS in calendar year 2016 (see that Executive Order 13132, entitled DEPARTMENT OF COMMERCE interim rule at 81 FR 33147, published ‘‘Federalism’’ (64 FR 43255, August 10, May 25, 2016, codified at 50 CFR 1999) and Executive Order 13175, National Oceanic and Atmospheric 300.223). The ELAPS consists of the entitled ‘‘Consultation and Coordination Administration areas of the U.S. exclusive economic with Indian Tribal Governments’’ (65 FR zone and the high seas that are in the 67249, November 9, 2000) do not apply 50 CFR Part 300 Convention Area between the latitudes to this action. In addition, this action of 20° N. and 20° S. (see definition at [Docket No. 160322276–6276–01] does not impose any enforceable duty or 50 CFR 300.211). A fishing day means contain any unfunded mandate as RIN 0648–XE741 any day in which a fishing vessel of the described under Title II of the Unfunded United States equipped with purse seine Mandates Reform Act (UMRA) (2 U.S.C. International Fisheries; Western and gear searches for fish, deploys a fish 1501 et seq.). Central Pacific Fisheries for Highly aggregating device (FAD), services a This action does not involve any Migratory Species; Closure of Purse FAD, or sets a purse seine, with the technical standards that would require Seine Fishery in the ELAPS in 2016 exception of setting a purse seine solely Agency consideration of voluntary AGENCY: National Marine Fisheries for the purpose of testing or cleaning the consensus standards pursuant to section Service (NMFS), National Oceanic and gear and resulting in no catch (see 12(d) of the National Technology Atmospheric Administration (NOAA), definition at 50 CFR 300.211). Transfer and Advancement Act Commerce. Based on data submitted in logbooks (NTTAA) (15 U.S.C. 272 note). ACTION: Temporary rule; fishery closure. and other available information, NMFS X. Congressional Review Act expects that the limit of 1,828 fishing SUMMARY: NMFS announces that the days in the ELAPS will be reached, and Pursuant to the Congressional Review purse seine fishery in the Effort Limit in accordance with the procedures Act (5 U.S.C. 801 et seq.), EPA will Area for Purse Seine, or ELAPS, will established at 50 CFR 300.223(a), submit a report containing this rule and close as a result of reaching the 2016 announces that the purse seine fishery other required information to the U.S. limit on purse seine fishing effort in the in the ELAPS will be closed starting at Senate, the U.S. House of ELAPS. This action is necessary for the 00:00 on September 2, 2016 UTC, and Representatives, and the Comptroller United States to implement provisions will remain closed until 24:00 on General of the United States prior to of a conservation and management December 31, 2016 UTC. Accordingly, it publication of the rule in the Federal measure adopted by the Commission for shall be prohibited for any fishing vessel Register. This action is not a ‘‘major the Conservation and Management of of the United States equipped with rule’’ as defined by 5 U.S.C. 804(2). Highly Migratory Fish Stocks in the purse seine gear to be used for fishing List of Subjects in 40 CFR Part 180 Western and Central Pacific Ocean in the ELAPS from 00:00 on September (WCPFC or Commission) and to satisfy 2, 2016 UTC until 24:00 December 31, Environmental protection, the obligations of the United States 2016 UTC, except that such vessels will Administrative practice and procedure, under the Convention on the not prohibited from bunkering in the Agricultural commodities, Pesticides Conservation and Management of ELAPS during that period (50 CFR and pests, Reporting and recordkeeping Highly Migratory Fish Stocks in the 300.223(a)). requirements. Western and Central Pacific Ocean Dated: July 19, 2016. (Convention), to which it is a Classification Robert C. McNally, Contracting Party. There is good cause under 5 U.S.C. Director, Biopesticides and Pollution DATES: Effective 00:00 on September 2, 553(b)(B) to waive prior notice and Prevention Division, Office of Pesticide 2016 universal time coordinated (UTC), opportunity for public comment on this Programs. until 24:00 on December 31, 2016 UTC. action. Compliance with the notice and Therefore, 40 CFR chapter I is FOR FURTHER INFORMATION CONTACT: Tom comment requirement would be amended as follows: Graham, NMFS Pacific Islands Regional impracticable and contrary to the public Office, 808–725–5032. interest, since NMFS would be unable PART 180—[AMENDED] SUPPLEMENTARY INFORMATION: U.S. purse to ensure that the 2016 limit on purse seine fishing in the area of application seine fishing effort in the ELAPS is not ■ 1. The authority citation for part 180 of the Convention, or Convention Area, exceeded. This action is based on the continues to read as follows: is managed, in part, under the Western best available information on U.S. purse Authority: 21 U.S.C. 321(q), 346a and 371. and Central Pacific Fisheries seine fishing effort in the ELAPS. The ■ 2. Revise § 180.1315 to read as Convention Implementation Act (16 action is necessary for the United States follows: U.S.C. 6901 et seq.). Regulations to comply with its obligations under the implementing the Act are at 50 CFR part Convention and is important for the § 180.1315 Natamycin; exemption from the 300, subpart O. On behalf of the conservation and management of bigeye requirement of a tolerance. Secretary of Commerce, NMFS tuna, yellowfin tuna, and skipjack tuna Lhorne on DSK30JT082PROD with RULES An exemption from the requirement promulgates regulations under the Act in the western and central Pacific of a tolerance is established for the as may be necessary to carry out the Ocean. For the same reasons, there is residues of natamycin in or on obligations of the United States under good cause under 5 U.S.C. 553(d)(3) to mushrooms, pineapples, citrus, pome, the Convention, including establish an effective date less than 30 stone fruit crop groups, avocado, kiwi, implementation of the decisions of the days after the date of publication of this mango, and pomegranates when used in Commission. notice. VerDate Sep<11>2014 13:55 Aug 24, 2016 Jkt 238001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\25AUR1.SGM 25AUR1

Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations 58411 This action is required by 50 CFR The recreational ACL for golden this action to protect the golden tilefish 300.223(a) and is exempt from review tilefish is 3,019 fish. In accordance with resource. Time required for notice and under Executive Order 12866. regulations at 50 CFR 622.193(a)(2)(i), if public comment would allow for Authority: 16 U.S.C. 6901 et seq. recreational landings of golden tilefish continued recreational harvest and reach the recreational ACL, the further exceedance of the recreational Dated: August 22, 2016. Assistant Administrator for NOAA ACL. Emily H. Menashes, Fisheries (AA) will file a notification For the aforementioned reasons, the Acting Director, Office of Sustainable with the Office of the Federal Register AA also finds good cause to waive the Fisheries, National Marine Fisheries Service. to close the recreational sector for the 30-day delay in the effectiveness of this [FR Doc. 2016–20420 Filed 8–24–16; 8:45 am] remainder of the fishing year. Landings action under 5 U.S.C. 553(d)(3). BILLING CODE 3510–22–P data from the NMFS Southeast Fisheries Authority: 16 U.S.C. 1801 et seq. Science Center in 2016 indicate that the golden tilefish recreational ACL has Dated: August 22, 2016. DEPARTMENT OF COMMERCE been exceeded. Therefore, this Emily H. Menashes, temporary rule implements an AM to Acting Director, Office of Sustainable National Oceanic and Atmospheric close the golden tilefish recreational Fisheries, National Marine Fisheries Service. Administration sector of the snapper-grouper fishery for [FR Doc. 2016–20412 Filed 8–22–16; 4:15 pm] the remainder of the 2016 fishing year. BILLING CODE 3510–22–P 50 CFR Part 622 As a result, the recreational sector for [Docket No. 120403249–2492–02] golden tilefish in the South Atlantic EEZ will be closed effective 12:01 a.m., DEPARTMENT OF COMMERCE RIN 0648–XE829 local time August 27, 2016. During the closure, the bag and National Oceanic and Atmospheric Snapper-Grouper Fishery of the South Administration possession limits for golden tilefish in Atlantic; 2016 Recreational or from the South Atlantic EEZ are zero. Accountability Measure and Closure 50 CFR Part 622 The recreational sector for golden for South Atlantic Golden Tilefish tilefish will reopen on January 1, 2017, [Docket No. 130312235–3658–02] AGENCY: National Marine Fisheries the beginning of the 2017 recreational Service (NMFS), National Oceanic and fishing season. RIN 0648–XE824 Atmospheric Administration (NOAA), Classification Fisheries of the Caribbean, Gulf of Commerce. Mexico, and South Atlantic; Snapper- The Regional Administrator for the ACTION: Temporary rule; closure. Grouper Resources of the South NMFS Southeast Region has determined this temporary rule is necessary for the Atlantic; Trip Limit Reduction SUMMARY: NMFS implements accountability measures (AMs) for the conservation and management of South AGENCY: National Marine Fisheries golden tilefish recreational sector in the Atlantic golden tilefish and is consistent Service (NMFS), National Oceanic and exclusive economic zone (EEZ) of the with the Magnuson-Stevens Act and Atmospheric Administration (NOAA), South Atlantic for the 2016 fishing year other applicable laws. Commerce. through this temporary rule. NMFS This action is taken under 50 CFR ACTION: Temporary rule; trip limit estimates recreational landings of 622.193(a)(2)(i) and is exempt from review under Executive Order 12866. reduction. golden tilefish in 2016 have exceeded the recreational annual catch limit These measures are exempt from the SUMMARY: NMFS reduces the (ACL). Therefore, NMFS closes the procedures of the Regulatory Flexibility commercial trip limit for vermilion golden tilefish recreational sector in the Act because the temporary rule is issued snapper in or from the exclusive South Atlantic EEZ on August 27, 2016. without opportunity for prior notice and economic zone (EEZ) of the South This closure is necessary to protect the comment. Atlantic to 500 lb (227 kg), gutted This action responds to the best golden tilefish resource. weight, 555 lb (252 kg), round weight. scientific information available. The AA DATES: This rule is effective 12:01 a.m., This trip limit reduction is necessary to finds that the need to immediately local time, August 27, 2016, until 12:01 protect the South Atlantic vermilion implement this action to close the a.m., local time, January 1, 2017. snapper resource. recreational sector for golden tilefish FOR FURTHER INFORMATION CONTACT: constitutes good cause to waive the DATES: This rule is effective 12:01 a.m., Mary Vara, NMFS Southeast Regional requirements to provide prior notice local time, August 28, 2016, until 12:01 Office, telephone: 727–824–5305, email: and opportunity for public comment on a.m., local time, January 1, 2017. mary.vara@noaa.gov. this temporary rule pursuant to 5 U.S.C. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: The 553(b)(B), because such procedures are Mary Vara, NMFS Southeast Regional snapper-grouper fishery of the South unnecessary and contrary to the public Office, telephone: 727–824–5305, email: Atlantic includes golden tilefish and is interest. Such procedures are mary.vara@noaa.gov. managed under the Fishery unnecessary because the AMs SUPPLEMENTARY INFORMATION: The Management Plan for the Snapper- established by Regulatory Amendment snapper-grouper fishery in the South Grouper Fishery of the South Atlantic 12 to the FMP (77 FR 61295, October 9, Atlantic includes vermilion snapper and Region (FMP). The FMP was prepared 2012) have already been subject to is managed under the Fishery by the South Atlantic Fishery notice and comment. All that remains is Management Plan for the Snapper- Lhorne on DSK30JT082PROD with RULES Management Council and is to notify the public of the recreational Grouper Fishery of the South Atlantic implemented by NMFS under the closure for golden tilefish for the Region (FMP). The South Atlantic authority of the Magnuson-Stevens remainder of the 2016 fishing year. Prior Fishery Management Council prepared Fishery Conservation and Management notice and opportunity for comment are the FMP. The FMP is implemented by Act (Magnuson-Stevens Act) by contrary to the public interest because NMFS under the authority of the regulations at 50 CFR part 622. of the need to immediately implement Magnuson-Stevens Fishery VerDate Sep<11>2014 13:55 Aug 24, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\25AUR1.SGM 25AUR1


Document Created: 2016-08-25 00:34:31
Document Modified: 2016-08-25 00:34:31
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
ActionTemporary rule; fishery closure.
DatesEffective 00:00 on September 2, 2016 universal time coordinated (UTC), until 24:00 on December 31, 2016 UTC.
ContactTom Graham, NMFS Pacific Islands Regional Office, 808-725-5032.
FR Citation81 FR 58410 
RIN Number0648-XE74
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