82 FR 17382 - International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 68 (April 11, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 68 (April 11, 2017)
| Page Range | 17382-17387 | |
| FR Document | 2017-07251 |
[Federal Register Volume 82, Number 68 (Tuesday, April 11, 2017)] [Rules and Regulations] [Pages 17382-17387] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07251] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 170223197-7311-01] RIN 0648-BG67 International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean 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-17-01 (Conservation of Tuna in the Eastern Pacific Ocean During 2017), which was [[Page 17383]] adopted by the Inter-American Tropical Tuna Commission (IATTC or Commission) in February 2017. Applicable to 2017 only, most provisions of Resolution C-17-01 are identical in content to the previous resolution on tropical tuna management that expired at the end of 2016. The provisions that are maintained in Resolution C-17-01 from the previous resolution include a 500 metric ton (mt) bigeye tuna (Thunnus obesus) calendar year catch limit applicable to longline vessels greater than 24 meters (m) in overall length and a 62-day closure period applicable each year to purse seine vessels of class size 4 to 6 (greater than 182 mt carrying capacity). In addition, the resolution includes a new requirement for total allowable catch limits (TACs) for yellowfin (Thunnus albacares) and bigeye tuna harvested in purse seine sets on floating objects (97,711 mt) and in sets involving chase and encirclement of dolphins (162,182 mt). This rule implements all of those requirements and revises related regulations for clarification purposes. This rule is necessary for the conservation of tropical tuna stocks in the eastern Pacific Ocean (EPO) and for the United States to satisfy its obligations as a member of the IATTC. DATES: This final rule is effective May 11, 2017. ADDRESSES: Copies of supporting documents that were prepared for this final rule, including the regulatory impact review (RIR) are available via the Federal e-Rulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2017-0024 or contact with the Regional Administrator, Barry A. Thom, NMFS West Coast Region, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232-1274, or [email protected]. FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS at 562-980- 4036. SUPPLEMENTARY INFORMATION: Background on the IATTC The United States is a member of the IATTC, which was established under the 1949 Convention for the Establishment of an Inter-American Tropical Tuna Commission. In 2003, the IATTC adopted the Convention for the Strengthening of the IATTC Established by the 1949 Convention between the United States of America and the Republic of Costa Rica (Antigua Convention). The Antigua Convention entered into force in 2010. The United States acceded to the Antigua Convention on February 24, 2016. The full text of the Antigua Convention is available at: https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf. The IATTC consists of 21 member nations and four cooperating non- member nations and facilitates scientific research into, as well as the conservation and management of, tuna and tuna-like species in the IATTC Convention Area. The IATTC Convention Area is defined as waters of the EPO within the area bounded by the west coast of the Americas and by 50[deg] N. latitude, 150[deg] W. longitude, and 50[deg] S. latitude. The IATTC maintains a scientific research and fishery monitoring program and regularly assesses the status of tuna, sharks, and billfish stocks in the IATTC Convention Area to determine appropriate catch limits and other measures deemed necessary to promote sustainable fisheries and prevent the overexploitation of these stocks. International Obligations of the United States Under the Antigua Convention As a Party to the Antigua Convention and a member of the IATTC, the United States is legally bound to implement decisions of the IATTC. The Tuna Conventions Act (16 U.S.C. 951 et seq.) directs the Secretary of Commerce, in consultation with the Secretary of State and, with respect to enforcement measures, the U.S. Coast Guard, to promulgate such regulations as may be necessary to carry out the United States' obligations under the Antigua Convention, including recommendations and decisions adopted by the IATTC. The authority of the Secretary of Commerce to promulgate such regulations has been delegated to NMFS. IATTC Resolution on Tropical Tuna Conservation In 2016, the IATTC met in July and in October, and at both meetings failed to reach consensus on management measures for tropical tuna (bigeye tuna, yellowfin tuna, and skipjack tuna (Katsuwonus pelamis)), which is unusual. The failure of the Commission to reach consensus at these meetings created an urgent situation because the previous measures expired at the end of the 2016 calendar year, and no measures were in place for the start of the 2017 fishing season. The IATTC finally adopted Resolution C-17-01 by consensus at its 91st Extraordinary Meeting in February 2017. NMFS is now in the position of having to implement these measures without affording the public the opportunity of advance notice and an opportunity to comment under the Administrative Procedure Act (APA). Applicable to 2017 only, most provisions of Resolution C-17-01 are identical in content to the previous resolution on tropical tuna management that were in place from 2013-2016. Resolution C-17-01 also sets TACs for yellowfin and bigeye tuna harvested in purse seine sets on floating objects and in sets involving chase and encirclement of dolphins. These TACs do not apply to fishing for tropical tuna by making unassociated sets. Resolution C-17-01 is intended to prevent overfishing of tropical tuna stocks in the EPO. Resolution C-17-01 also includes provisions for 2017 requiring purse seine vessels class sizes 4 to 6 to first retain on board and then land all tropical tuna caught, except fish unfit for human consumption for reasons other than size. A single exception to this full catch retention program is on the final set of a trip, when there may be insufficient well space remaining to accommodate all of the tuna caught in that set. This regulation has already been codified at 50 CFR 300.27(a) because it was included in multiple previous IATTC resolutions. Final Regulations--Tuna Conservation Measures for 2017 This 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. This rule implements the provisions of Resolution C- 17-01 and applies to U.S. commercial fishing vessels that are used to catch tropical tuna in the IATTC Convention Area. This rule implements three provisions that were included in the now-expired IATTC Resolution C-13-01 (Multiannual Program for the Conservation of Tuna in the Eastern Pacific Ocean During 2014-2016), as well as one additional provision, for 2017. First, the rule maintains a 500 mt catch limit on bigeye tuna caught by longline vessels greater than 24 m in overall length in the IATTC Convention Area. Second, the rule maintains the prohibition against purse seine vessels of class size 4 to 6 (i.e., vessels with a carrying capacity greater than 182 mt) from fishing for tropical tuna in the IATTC Convention Area for a period of 62 days. Notwithstanding this closure, the rule allows purse seine vessels of class size 4 (i.e., vessels with a carrying capacity between 182 and 272 mt) to make a single fishing trip of up to 30 days during the closure period, provided that any such vessel carries an observer. Third, the rule continues to [[Page 17384]] require a closure for the purse seine fishery for tropical tuna within the area of 96[deg] and 110[deg] W and between 4[deg] N and 3[deg] S from 0000 hours on 29 September to 2400 hours on 29 October, 2017. This rule also imposes new TACs on the harvest of yellowfin and bigeye tuna combined for class size 4 to 6 purse seine vessels that fish on floating objects and class size 6 vessels (i.e., vessels with a carrying capacity greater than 363 mt) that chase and encircle dolphins to harvest tuna swimming underneath. The TAC for the combined yellowfin and bigeye harvest for class size 4 to 6 purse seine vessels of all nations fishing on floating objects in the IATTC Convention Area is 97,711 mt and, for class size 6 purse seine vessels of all nations that set on dolphins in the Convention Area, the TAC is 162,182 mt. Once either TAC is reached, NMFS will close the U.S. fishery for these vessels sizes and set types for the remainder of the 2017 calendar year. Per Resolution C-17-01, the IATTC Director will notify IATTC Members and Cooperating Non-Members (collectively known as CPCs) when the combined catch of yellowfin and bigeye tuna by purse-seine vessels reaches 80 percent of the total catch limit in either sets on floating objects or dolphins. At 90 percent of the total TAC, the Director shall notify CPCs of an estimated closure date for the respective fishery, and at 100 percent the Director will announce the closure of the respective fishery. NMFS will project a closure date for floating object sets and for dolphin sets using data provided by the IATTC. NMFS will publish a notice in the Federal Register announcing the closures for these set types at least seven calendar days in advance of the closure dates. Once the closure date for floating object sets is effective, U.S. purse seine vessels of class size 4 to6 will be prohibited from making a floating object set in the Convention Area until the end of the 2017 calendar year. Once the closure date for dolphin sets is effective, U.S. purse seine vessels of class size 6 will be prohibited from making a dolphin set in the Convention Area until the end of the 2017 calendar year. A description of the IATTC rulemaking process, formerly in 50 CFR 300.25, is moved to a more logical location at 50 CFR 300.20, which is the purpose and scope section of 50 CFR part 300 subpart C. Multiple cross-references in the prohibitions at 50 CFR 300.24 are also updated for consistency with the revisions made to 50 CFR 300.25(a) through (e). The prohibition at 50 CFR 300.24(b) regarding closures of sets on floating objects is obsolete and is removed by this rule. This rule also revises related regulations to include the calendar year 2017, and revises regulations related to the bigeye closure for longline vessels greater than 24 m in overall length for clarification purposes. Classification The NMFS Assistant Administrator has determined that this final rule is consistent with the Tuna Conventions Act of 1950 and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. There are no new collection-of-information requirements associated with this action that are subject to the Paperwork Reduction Act (PRA), and the existing collection-of-information requirements still apply under Control Number 0648-0387. 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 OMB control number. All currently approved NOAA collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html. The Assistant Administrator for Fisheries has determined that the need to conserve tropical tuna stocks in the EPO and comply with the international obligations of the United States under a binding resolution adopted by the IATTC under the Antigua Convention constitutes good cause, under 5 U.S.C. 553(b)(B), to waive the requirement for providing advance notice and comment. This is justified by the IATTC's late adoption of the binding Resolution C-17-01 in February of the year the requirements are effective--2017--rather than in June or July of the year before (i.e., typical timing for adopting resolutions). Commercial purse seine and longline vessels have already begun fishing for tropical tuna in the EPO this year under the fishing limits in Resolution C-17-01 that apply this year. If this rule were delayed pending publication of a proposed rule and consideration of additional public comments, no enforceable limits would be in place and therefore U.S. purse seine and longline fisheries might exceed the limits established in Resolution C-17-01 with impunity, rendering the United States out of compliance with our international obligations. Owners and operators of U.S. purse seine and longline vessels operating in the EPO are familiar with this resolution because it is almost identical to the resolution in place for the past three years that was implemented through notice and comment rulemaking. In addition, many of the affected individuals attended the 91st Extraordinary Meeting of the IATTC in February where the resolution was adopted. Industry representatives were also consulted in advance of the February meeting through a U.S. Delegation call and were involved in briefings and discussions with the U.S. Department of State and NOAA officials on the periphery of the February IATTC meeting. As soon as the rule is published, NMFS will send a notice of this rule to owners of vessels that are affected by this rule. Ensuring conservation of tropical tuna stocks in the EPO, and remaining in compliance with binding international obligations of the United States, by expedient domestic implementation of Resolution C-17- 01 through issuing this final rule now rather than risking violation of our obligations or the health of tuna stocks is in the public's interest and further supports the good cause for waiving the requirement to publish a notice of proposed rulemaking for public comment. The IATTC will meet again in July 2017 to discuss tropical tuna measures for 2018 and beyond. NMFS intends to implement any resolution adopted in July through the typical procedure of proposed and final rulemaking. The Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), requires a Regulatory Flexibility Analysis only for rules promulgated through notice and comment rulemaking under Section 553(b) of the Administrative Procedure Act or any other law. Because there is good cause to waive notice and comment for this final rule, an RFA Analysis was not prepared for this rule. List of Subjects in 50 CFR Part 300 Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Reporting and recordkeeping requirements, Treaties. Dated: April 6, 2017. Alan D. Risenhoover, Acting 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: [[Page 17385]] PART 300--INTERNATIONAL FISHERIES REGULATIONS Subpart C--Eastern Pacific Tuna Fisheries 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. Revise Sec. 300.20 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. 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 for the Establishment of an Inter- American Tropical Tuna Commission (Convention), 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), and the Act, including recommendations and other decisions adopted by the IATTC. 0 3. In Sec. 300.21, remove the definition for ``Bigeye tuna'', and add definitions for ``Dolphin set'' and ``Floating object set'' and ``Tropical tuna'' in alphabetical order to read as follows: Sec. 300.21 Definitions. * * * * * Dolphin set means a purse seine set where a class size 6 U.S. purse seine vessel (greater than 363 metric tons carrying capacity) deploys a net on, or encircles, dolphins to catch yellowfin tuna. * * * * * Floating object set means a purse seine set in which purse seine gear is deployed to encircle a floating object. * * * * * Tropical tuna means any of the following species: ------------------------------------------------------------------------ Common name Scientific name ------------------------------------------------------------------------ Bigeye tuna............................... Thunnus obesus. Skipjack tuna............................. Katsuwonus pelamis. Yellowfin tuna............................ Thunnus albacares. ------------------------------------------------------------------------ * * * * * 0 4. In Sec. 300.24, remove and reserve paragraph (b), revise paragraphs (k) through (s), and add paragraph (ii) to read as follows: Sec. 300.24 Prohibitions. * * * * * (b) [Reserved] * * * * * (k) Use a U.S. fishing vessel over 24 meters in length to retain on board, transship, or land bigeye tuna caught by longline gear in the Convention Area or to fish in contravention of Sec. 300.25(a)(4)(i) or (ii). (l) Use a U.S. fishing vessel over 24 meters in overall length to fish with longline gear in the Pacific Ocean both inside and outside the Convention Area on the same fishing trip in contravention of Sec. 300.25(a)(4)(iii). (m) Fail to stow gear as required in Sec. 300.25(a)(4)(iv) or (e)(7). (n) Use a fishing vessel of class size 4-6 to fish with purse seine gear in the Convention Area in contravention of Sec. 300.25(e)(1), (e)(2), or (e)(5) or (e)(6). (o) Use a U.S. longline or purse seine fishing vessel used to fish for HMS within one nautical mile of an anchored data buoy while the fishing vessel is in the Convention Area in contravention of Sec. 300.25(f)(1). (p) Use a U.S. fishing vessel used for fishing for HMS, or any gear, equipment, or watercraft deployed by such a fishing vessel, to interact with a data buoy in the Convention Area in contravention of Sec. 300.25(f)(2). (q) Remove from the water a data buoy and place it on board or tow a data buoy with a U.S. fishing vessel used for fishing for HMS while the vessel is in the Convention Area without authorization by the owner of the data buoy or the owner's authorized representative in contravention of Sec. 300.25(f)(3). (r) In the event of an entanglement of a data buoy with a U.S. fishing vessel, or its fishing gear, equipment, or associated watercraft, used for fishing for HMS in the Convention Area, fail to promptly remove the data buoy with as little damage to the data buoy and its mooring and anchor lines as possible, in contravention of Sec. 300.25(f)(4). (s) Fail to take all reasonable measures to avoid fishing gear entanglement or interaction with drifting data buoys in contravention of Sec. 300.25(f)(5). * * * * * (ii) Use a U.S. purse seine fishing vessel of the applicable class size to make a set on either floating objects or dolphins in the IATTC Convention Area after a closure for either of these set types is announced by the Regional Administrator, in contravention of Sec. 300.25(d). 0 5. In Sec. 300.25, revise the section heading and revise paragraphs (a) through (e) to read as follows: Sec. 300.25 Fisheries management. (a) Longline tuna catch limits. (1) Fishing seasons for all tuna species begin on January 1 and end either on December 31 or when NMFS closes the fishery for a specific species. (2) For the calendar year 2017, there is a limit of 500 metric tons of bigeye tuna that may be caught by longline gear in the Convention Area by U.S. commercial fishing vessels that are over 24 meters in overall length. (3) NMFS will project a date the limit of bigeye tuna established under paragraph (a)(2) of this section will be reached (i.e., a closure date) by monitoring longline landings, data submitted in logbooks, and other available information. NMFS will publish a notice in the Federal Register at least 7 calendar days in advance of that projected closure date announcing that the limit has been reached. The Federal Register notice will specify that the restrictions described in paragraph (a)(4) of this section will be in effect through the end of the calendar year. (4) Once the closure date is announced, pursuant to paragraph (a)(3) of this section the following restrictions will apply during the period specified in the announcement: (i) A fishing vessel of the United States over 24 meters in overall length may not be used to retain on board, transship, or land bigeye tuna captured by longline gear in the Convention Area, except as follows: (A) Any bigeye tuna already on board a U.S. fishing vessel upon the effective closure date may be retained on board, transshipped, and/or landed, to the extent authorized by applicable laws and regulations, provided that the bigeye tuna is landed within 14 days after the effective closure date. (B) The 14-day limit is waived in the case of a U.S. fishing vessel that has already declared to NMFS, pursuant to Sec. 665.803(a) of this title, that the current trip type is shallow-setting. However, the number of bigeye tuna retained on board, transshipped, or landed must not exceed the number on board the vessel upon the effective closure date, as recorded by the NMFS observer on board the vessel. [[Page 17386]] (ii) Bigeye tuna caught by a vessel of the United States over 24 meters in overall length and using longline gear in the Convention Area may not be transshipped to a fishing vessel unless that fishing vessel is operated in compliance with a valid permit issued under Sec. 660.707 or Sec. 665.801 of this title. (iii) A fishing vessel of the United States over 24 meters in overall length may not be used to fish in the Pacific Ocean using longline gear both inside and outside the Convention Area during the same fishing trip. The only exceptions are: a fishing trip during which the closure date was announced under paragraph (a)(3) of this section, and a trip for which a declaration has been made to NMFS, pursuant to Sec. 665.803(a) of this title, that the current trip is shallow- setting. (iv) If a fishing vessel of the United States over 24 meters in overall length is used to fish in the Pacific Ocean using longline gear outside the Convention Area and the vessel enters the Convention Area at any time during an effective closure period on the same fishing trip, the longline gear on the fishing vessel must be stowed in a manner so as not to be readily available for fishing. Specifically, the hooks, branch or dropper lines, and floats used to buoy the mainline must be stowed and not available for immediate use, and any power- operated mainline hauler on deck must be covered in such a manner that it is not readily available for use. This provision does not apply to trips in which vessels have made a declaration to NMFS, pursuant to Sec. 665.803(a) of this title, that the trip type is shallow-setting. (b) Use of tender vessels. No person subject to these regulations may use a tender vessel in the Convention Area. (c) Transshipments at sea. No person subject to these regulations may transship purse seine-caught tuna from one vessel to another vessel at sea within the Convention Area. (d) Purse seine tuna catch limits. (1) Fishing seasons for all tuna species begin on January 1 and end either on December 31 or when NMFS closes the fishery for either a specific species or set-type or both. (2) For the calendar year 2017, the following total allowable catch limits for the combined catch of bigeye and yellowfin tuna, shall apply in the IATTC Convention Area: (i) For purse seine vessels of all nations that are class size 4-6 (more than 182 metric tons carrying capacity), the total allowable catch is 97,711 metric tons for floating object sets. (ii) For purse seine vessels of all nations that are class size 6, the total allowable catch is 162,182 metric tons for dolphin sets. (3) NMFS will project a closure date for floating object sets and for dolphin sets using data provided by the IATTC. NMFS will publish a notice in the Federal Register announcing the closures for these set types at least 7 calendar days in advance of the projected closure dates. (4) Once the closure date for floating object sets is effective, pursuant to paragraph (d)(3) of this section, U.S. purse seine vessels of class size 4-6 will be prohibited from making a floating object set in the Convention Area until the end of the 2017 calendar year. Once the closure date for dolphin sets is effective, pursuant to paragraph (d)(3) of this section, U.S. purse seine vessels of class size 6 will be prohibited from making a dolphin set in the Convention Area until the end of the 2017 calendar year. (e) Purse seine closures. (1) A commercial purse seine fishing vessel of the United States that is of class size 4-6 (more than 182 metric tons carrying capacity) may not be used to fish with purse seine gear in the Convention Area for 62 days during one of the following two periods: (i) From 0000 hours Coordinated Universal Time (UTC) July 29, 2017, to 2400 hours UTC September 28, 2017, or (ii) From 0000 hours UTC November 18, 2017, to 2400 hours UTC January 18, 2018. (2) A vessel owner, manager, or association representative of a vessel that is subject to the requirements of paragraph (e)(1) of this section must, in 2017, provide written notification to the Regional Administrator declaring to which one of the two closure periods identified in paragraph (e)(1) of this section his or her vessel will adhere in that year. This written notification must be submitted by fax at (562) 980-4047 or email at [email protected] and must be received no later than July 1 2017. The written notification must include the vessel name and registration number, the closure dates that will be adhered to by that vessel, and the vessel owner or managing owner's name, signature, business address, and business telephone number. (3) If written notification is not submitted per paragraph (e)(2) of this section for a vessel subject to the requirements under paragraph (e)(1) of this section, that vessel must adhere to the closure period under paragraph (e)(1)(ii) of this section. (4) Request for exemption due to force majeure. A request for exemption due to force majeure must be made to the Sustainable Fisheries Division by fax at (562) 980-4047 or emailed to [email protected]. The request must include the name and official number of the vessel, vessel owner or manager's name and signature, and evidence to support the request, which may include but is not limited to photographs, repair bills, certificates of departure from port, and in the case of a marine casualty, a completed copy of the U.S. Coast Guard Form CG-2692A (See 46 CFR 4.05-10). (i) If accepted by the Sustainable Fisheries Division, the request for exemption due to force majeure will be forwarded to the IATTC Director. If declined by the Sustainable Fisheries Division, within 10 days of the date of that rejection, the applicant may give additional information or documentation to the Regional Administrator with a request that the initial decision be reconsidered by fax at (562) 980- 4047 or email to [email protected]; the Regional Administrator shall respond within 14 business days. (ii) If the request for an exemption due to force majeure is accepted by the IATTC, the vessel must observe a closure period of 30 consecutive days in the same year during which the force majeure event occurred, in one of the two closure periods described in paragraph (e)(1) of this section. (5) A vessel of class size 4 (182 to 272 metric tons carrying capacity) may make one fishing trip of up to 30 days duration during the specified closure period in paragraph (e)(1) of this section, provided that the vessel carries an observer authorized pursuant to the Agreement on the International Dolphin Conservation Program during the entire fishing trip. (6) A fishing vessel of the United States of class size 4-6 (more than 182 metric tons carrying capacity) may not be used from 0000 hours on September 29 to 2400 hours on October 29 in 2017 to fish with purse seine gear within the area bounded at the east and west by 96[deg] and 110[deg] W. longitude and bounded at the north and south by 4[deg] N. and 3[deg] S. latitude. (7) At all times while a vessel is in a time/area closed period established under paragraphs (e)(1) or (e)(6) of this section, unless fishing under exceptions established under paragraphs (e)(4) or (e)(5) of this section, the fishing gear of the vessel must be stowed in a manner as not to be readily available for fishing. In particular, the boom must be lowered as far as possible so that the vessel [[Page 17387]] cannot be used for fishing, but so that the skiff is accessible for use in emergency situations; the helicopter, if any, must be tied down; and launches must be secured. * * * * * [FR Doc. 2017-07251 Filed 4-10-17; 8:45 am] BILLING CODE 3510-22-P
![17382 Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Rules and Regulations
BCAQMD rule described in the practicable and legally permissible Reporting and recordkeeping
amendments to 40 CFR part 52 set forth methods, under Executive Order 12898 requirements, Sulfur oxides, Volatile
below. The EPA has made, and will (59 FR 7629, February 16, 1994). organic compounds.
continue to make, these documents In addition, the SIP is not approved Authority: 42 U.S.C. 7401 et seq.
available through www.regulations.gov to apply on any Indian reservation land
and at the EPA Region IX Office (please or in any other area where the EPA or Dated: December 9, 2016.
contact the person identified in the FOR an Indian tribe has demonstrated that a Alexis Strauss,
FURTHER INFORMATION CONTACT section of tribe has jurisdiction. In those areas of Acting Regional Administrator, Region IX.
this preamble for more information). Indian country, the rule does not have
Editorial note: This document was
tribal implications and will not impose received at the Office of the Federal Register
IV. Statutory and Executive Order substantial direct costs on tribal on April 5, 2017.
Reviews governments or preempt tribal law as
Under the Clean Air Act, the specified by Executive Order 13175 (65 Part 52, Chapter I, Title 40 of the Code
Administrator is required to approve a FR 67249, November 9, 2000). of Federal Regulations is amended as
SIP submission that complies with the The Congressional Review Act, 5 follows:
provisions of the Act and applicable U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement PART 52—APPROVAL AND
federal regulations. 42 U.S.C. 7410(k);
Fairness Act of 1996, generally provides PROMULGATION OF
40 CFR 52.02(a). Thus, in reviewing SIP
that before a rule may take effect, the IMPLEMENTATION PLANS
submissions, the EPA’s role is to
approve state choices, provided that agency promulgating the rule must ■ 1. The authority citation for Part 52
they meet the criteria of the Clean Air submit a rule report, which includes a continues to read as follows:
Act. Accordingly, this action merely copy of the rule, to each House of the
Congress and to the Comptroller General Authority: 42 U.S.C. 7401 et seq.
approves state law as meeting federal
requirements and does not impose of the United States. The EPA will
submit a report containing this action Subpart F—California
additional requirements beyond those
imposed by state law. For that reason, and other required information to the ■ 2. Section 52.220 is amended by
this action: U.S. Senate, the U.S. House of adding paragraph (c)(457)(i)(C)(5) to
• Is not a significant regulatory action Representatives, and the Comptroller read as follows:
subject to review by the Office of General of the United States prior to
Management and Budget under publication of the rule in the Federal § 52.220 Identification of plan-in part.
Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect * * * * *
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the (c) * * *
January 21, 2011); Federal Register. This action is not a (457) * * *
• does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. (i) * * *
collection burden under the provisions 804(2). (C) * * *
of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean (5) Rule 433, ‘‘Rice Straw Emission
U.S.C. 3501 et seq.); Air Act, petitions for judicial review of Reduction Credits,’’ amended on April
• is certified as not having a this action must be filed in the United 24, 2014.
significant economic impact on a States Court of Appeals for the
appropriate circuit by June 12, 2017. * * * * *
substantial number of small entities [FR Doc. 2017–07151 Filed 4–10–17; 8:45 am]
under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by
BILLING CODE 6560–50–P
U.S.C. 601 et seq.); the Administrator of this final rule does
• does not contain any unfunded not affect the finality of this action for
mandate or significantly or uniquely the purposes of judicial review nor does
affect small governments, as described it extend the time within which a DEPARTMENT OF COMMERCE
in the Unfunded Mandates Reform Act petition for judicial review may be filed,
National Oceanic and Atmospheric
of 1995 (Public Law 104–4); and shall not postpone the effectiveness
Administration
• does not have Federalism of such rule or action. Parties with
implications as specified in Executive objections to this direct final rule are
50 CFR Part 300
Order 13132 (64 FR 43255, August 10, encouraged to file a comment in
1999); response to the parallel notice of [Docket No. 170223197–7311–01]
• is not an economically significant proposed rulemaking for this action
RIN 0648–BG67
regulatory action based on health or published in the Proposed Rules section
safety risks subject to Executive Order of today’s Federal Register, rather than International Fisheries; Pacific Tuna
13045 (62 FR 19885, April 23, 1997); file an immediate petition for judicial Fisheries; Fishing Restrictions for
• is not a significant regulatory action review of this direct final rule, so that Tropical Tuna in the Eastern Pacific
subject to Executive Order 13211 (66 FR the EPA can withdraw this direct final Ocean
28355, May 22, 2001); rule and address the comment in the
• is not subject to requirements of proposed rulemaking. This action may AGENCY: National Marine Fisheries
Section 12(d) of the National not be challenged later in proceedings to Service (NMFS), National Oceanic and
Technology Transfer and Advancement enforce its requirements (see section Atmospheric Administration (NOAA),
Act of 1995 (15 U.S.C. 272 note) because 307(b)(2)). Commerce.
sradovich on DSK3GMQ082PROD with RULES
application of those requirements would ACTION: Final rule.
be inconsistent with the Clean Air Act; List of Subjects in 40 CFR Part 52
and Environmental protection, Air SUMMARY: NMFS is issuing regulations
• does not provide the EPA with the pollution control, Carbon monoxide, under the Tuna Conventions Act to
discretionary authority to address, as Incorporation by reference, implement Resolution C–17–01
appropriate, disproportionate human Intergovernmental relations, Nitrogen (Conservation of Tuna in the Eastern
health or environmental effects, using dioxide, Ozone, Particulate matter, Pacific Ocean During 2017), which was
VerDate Sep<11>2014 16:25 Apr 10, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM 11APR1](https://thefederalregister.org/doc/82_FR_17450/page/1.svg)
![Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Rules and Regulations 17385
PART 300—INTERNATIONAL Common name Scientific name (ii) Use a U.S. purse seine fishing
FISHERIES REGULATIONS vessel of the applicable class size to
Skipjack tuna ............. Katsuwonus pelamis. make a set on either floating objects or
Subpart C—Eastern Pacific Tuna Yellowfin tuna ............ Thunnus albacares. dolphins in the IATTC Convention Area
Fisheries after a closure for either of these set
* * * * * types is announced by the Regional
■ 1. The authority citation for part 300, ■ 4. In § 300.24, remove and reserve Administrator, in contravention of
subpart C, continues to read as follows: paragraph (b), revise paragraphs (k) § 300.25(d).
Authority: 16 U.S.C. 951 et seq. through (s), and add paragraph (ii) to ■ 5. In § 300.25, revise the section
■ 2. Revise § 300.20 to read as follows: read as follows: heading and revise paragraphs (a)
through (e) to read as follows:
§ 300.24 Prohibitions.
§ 300.20 Purpose and scope.
* * * * * § 300.25 Fisheries management.
The regulations in this subpart are
issued under the authority of the Tuna (b) [Reserved] (a) Longline tuna catch limits. (1)
Conventions Act of 1950, as amended, * * * * * Fishing seasons for all tuna species
(k) Use a U.S. fishing vessel over 24 begin on January 1 and end either on
(Act) and apply to persons and vessels
meters in length to retain on board, December 31 or when NMFS closes the
subject to the jurisdiction of the United
transship, or land bigeye tuna caught by fishery for a specific species.
States. The regulations implement (2) For the calendar year 2017, there
recommendations and other decisions of longline gear in the Convention Area or
to fish in contravention of is a limit of 500 metric tons of bigeye
the Inter-American Tropical Tuna tuna that may be caught by longline gear
Commission (IATTC) for the § 300.25(a)(4)(i) or (ii).
(l) Use a U.S. fishing vessel over 24 in the Convention Area by U.S.
conservation and management of stocks commercial fishing vessels that are over
of tunas and tuna-like species and other meters in overall length to fish with
longline gear in the Pacific Ocean both 24 meters in overall length.
species of fish taken by vessels fishing (3) NMFS will project a date the limit
for tunas and tuna-like species in the inside and outside the Convention Area
on the same fishing trip in of bigeye tuna established under
IATTC Convention Area. The Secretary paragraph (a)(2) of this section will be
of Commerce, in consultation with the contravention of § 300.25(a)(4)(iii).
(m) Fail to stow gear as required in reached (i.e., a closure date) by
Secretary of State and, with respect to monitoring longline landings, data
enforcement measures, the U.S. Coast § 300.25(a)(4)(iv) or (e)(7).
(n) Use a fishing vessel of class size submitted in logbooks, and other
Guard, may promulgate such regulations available information. NMFS will
as may be necessary to carry out the 4–6 to fish with purse seine gear in the
Convention Area in contravention of publish a notice in the Federal Register
U.S. international obligations under the at least 7 calendar days in advance of
Convention for the Establishment of an § 300.25(e)(1), (e)(2), or (e)(5) or (e)(6).
(o) Use a U.S. longline or purse seine that projected closure date announcing
Inter-American Tropical Tuna that the limit has been reached. The
Commission (Convention), the fishing vessel used to fish for HMS
within one nautical mile of an anchored Federal Register notice will specify that
Convention for the Strengthening of the the restrictions described in paragraph
Inter-American Tropical Tuna data buoy while the fishing vessel is in
the Convention Area in contravention of (a)(4) of this section will be in effect
Commission Established by the 1949 through the end of the calendar year.
Convention between the United States § 300.25(f)(1).
(4) Once the closure date is
of America and the Republic of Costa (p) Use a U.S. fishing vessel used for
announced, pursuant to paragraph (a)(3)
Rica (Antigua Convention), and the Act, fishing for HMS, or any gear,
of this section the following restrictions
including recommendations and other equipment, or watercraft deployed by
will apply during the period specified
decisions adopted by the IATTC. such a fishing vessel, to interact with a
in the announcement:
■ 3. In § 300.21, remove the definition
data buoy in the Convention Area in (i) A fishing vessel of the United
for ‘‘Bigeye tuna’’, and add definitions contravention of § 300.25(f)(2). States over 24 meters in overall length
for ‘‘Dolphin set’’ and ‘‘Floating object (q) Remove from the water a data may not be used to retain on board,
set’’ and ‘‘Tropical tuna’’ in alphabetical buoy and place it on board or tow a data transship, or land bigeye tuna captured
order to read as follows: buoy with a U.S. fishing vessel used for by longline gear in the Convention Area,
fishing for HMS while the vessel is in except as follows:
§ 300.21 Definitions. the Convention Area without (A) Any bigeye tuna already on board
* * * * * authorization by the owner of the data a U.S. fishing vessel upon the effective
Dolphin set means a purse seine set buoy or the owner’s authorized closure date may be retained on board,
where a class size 6 U.S. purse seine representative in contravention of transshipped, and/or landed, to the
vessel (greater than 363 metric tons § 300.25(f)(3). extent authorized by applicable laws
carrying capacity) deploys a net on, or (r) In the event of an entanglement of and regulations, provided that the
encircles, dolphins to catch yellowfin a data buoy with a U.S. fishing vessel, bigeye tuna is landed within 14 days
tuna. or its fishing gear, equipment, or after the effective closure date.
* * * * * associated watercraft, used for fishing (B) The 14-day limit is waived in the
Floating object set means a purse for HMS in the Convention Area, fail to case of a U.S. fishing vessel that has
seine set in which purse seine gear is promptly remove the data buoy with as already declared to NMFS, pursuant to
deployed to encircle a floating object. little damage to the data buoy and its § 665.803(a) of this title, that the current
sradovich on DSK3GMQ082PROD with RULES
mooring and anchor lines as possible, in trip type is shallow-setting. However,
* * * * * contravention of § 300.25(f)(4).
Tropical tuna means any of the the number of bigeye tuna retained on
(s) Fail to take all reasonable measures board, transshipped, or landed must not
following species: to avoid fishing gear entanglement or exceed the number on board the vessel
interaction with drifting data buoys in upon the effective closure date, as
Common name Scientific name
contravention of § 300.25(f)(5). recorded by the NMFS observer on
Bigeye tuna ............... Thunnus obesus. * * * * * board the vessel.
VerDate Sep<11>2014 16:25 Apr 10, 2017 Jkt 241001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM 11APR1](https://thefederalregister.org/doc/82_FR_17450/page/4.svg)
![Federal Register / Vol. 82, No. 68 / Tuesday, April 11, 2017 / Rules and Regulations 17387
cannot be used for fishing, but so that final rule is to ensure that king mackerel in the Atlantic southern zone; revises
the skiff is accessible for use in management is based on the best commercial and recreational ACLs for
emergency situations; the helicopter, if scientific information available, while Gulf migratory group king mackerel;
any, must be tied down; and launches increasing the social and economic revises commercial zone quotas for Gulf
must be secured. benefits of the fishery. migratory group king mackerel; and
* * * * * DATES: This final rule is effective May modifies the recreational bag limit for
[FR Doc. 2017–07251 Filed 4–10–17; 8:45 am] 11, 2017. Gulf migratory group king mackerel.
BILLING CODE 3510–22–P ADDRESSES: Electronic copies of Management Boundary and Zone
Amendment 26 may be obtained from Descriptions for the Gulf and Atlantic
the Southeast Regional Office Web site Migratory Groups of King Mackerel
DEPARTMENT OF COMMERCE at http://sero.nmfs.noaa.gov/
sustainable_fisheries/gulf_sa/cmp/2016/ Currently, management boundaries
National Oceanic and Atmospheric am%2026/index.html. Amendment 26 change seasonally for the Gulf and
Administration includes an environmental assessment, Atlantic migratory groups of king
a Regulatory Flexibility Act (RFA) mackerel based on the historical
50 CFR Part 622 analysis, and a regulatory impact understanding that the two migratory
review. groups mixed seasonally off the east
[Docket No. 160426363–7275–02] coast of Florida and in Monroe County,
FOR FURTHER INFORMATION CONTACT: FL. However, in 2014, the Southeast
RIN 0648–BG03
Karla Gore, Southeast Regional Office, Data, Assessment, and Review (SEDAR)
Fisheries of the Caribbean, Gulf of NMFS, telephone: 727–824–5305, or 38 stock assessment (SEDAR 38)
Mexico, and South Atlantic; Coastal email: karla.gore@noaa.gov. determined that the mixing zone
Migratory Pelagic Resources in the SUPPLEMENTARY INFORMATION: The between the two migratory groups now
Gulf of Mexico and Atlantic Region; coastal migratory pelagic fishery of the exists only in the portion of the
Amendment 26 Gulf and Atlantic Regions is managed Exclusive Economic Zone (EEZ) off
under the FMP and includes the Monroe County, Florida, south of the
AGENCY: National Marine Fisheries management of the Gulf and Atlantic Florida Keys. This final rule sets a
Service (NMFS), National Oceanic and migratory groups of king mackerel, single year-round regulatory boundary
Atmospheric Administration (NOAA), Spanish mackerel, and cobia. The FMP (Gulf/Atlantic group boundary)
Commerce. was prepared jointly by the Gulf and separating management of the two
ACTION: Final rule. South Atlantic Councils (Councils) and migratory groups of king mackerel,
is implemented through regulations at based on the genetic analysis used in
SUMMARY: NMFS issues regulations to 50 CFR part 622 under authority of the SEDAR 38. This new year-round Gulf/
implement management measures Magnuson-Stevens Fishery Atlantic group boundary is set at a line
described in Amendment 26 to the Conservation and Management Act extending east from the Miami-Dade/
Fishery Management Plan for the (Magnuson-Stevens Act). Monroe County, FL, boundary, to better
Coastal Migratory Pelagics Fishery of On December 14, 2016, NMFS represent the area where the two
the Gulf of Mexico and Atlantic Region published a notice of availability for migratory groups primarily exist. The
(FMP) as prepared and submitted jointly Amendment 26 and requested public newly defined mixing zone off the
by the Gulf of Mexico Fishery comment (81 FR 90314). On December Florida Keys is included in the Gulf
Management Council (Gulf Council) and 29, 2016, NMFS published a proposed migratory group and will be managed by
South Atlantic Fishery Management rule for Amendment 26 and requested the Gulf Council.
Council (South Atlantic Council). public comment (81 FR 95941). The This final rule renames the Gulf
Amendment 26 and this final rule adjust proposed rule and Amendment 26 migratory group’s current eastern zone-
the management boundary for the Gulf outline the rationale for the actions northern subzone and eastern zone-
of Mexico (Gulf) and Atlantic migratory contained in this final rule. A summary southern subzone as the northern zone
groups of king mackerel; revise of the management measures described and southern zone, respectively. The
acceptable biological catch (ABC), in Amendment 26 and implemented by southern zone includes the new mixing
commercial and recreational annual this final rule is provided below. zone, extending east to the new Gulf/
catch limits (ACLs), commercial quotas Atlantic group boundary. The name and
and recreational annual catch targets Management Measures Contained in dimensions of the Gulf migratory
(ACTs) for Atlantic migratory group This Final Rule group’s western zone remain the same.
king mackerel; allow limited retention This final rule to implement The Atlantic migratory group’s northern
and sale of Atlantic migratory group Amendment 26 adjusts the management zone also remains unchanged. This final
king mackerel incidentally caught in the boundary of the Gulf and Atlantic rule shifts the southern boundary of the
shark gillnet fishery; establish a migratory groups of king mackerel; Atlantic migratory group’s southern
commercial split season for Atlantic revises management reference points, zone to the new Gulf/Atlantic group
migratory group king mackerel in the the commercial and recreational ACLs, boundary. Due to this shift, the current
Atlantic southern zone; establish a commercial quotas and recreational Florida east coast subzone will no
commercial trip limit system for ACTs for Atlantic migratory group king longer exist. Instead, that area will be
Atlantic migratory group king mackerel mackerel; allows limited retention and included in the Atlantic migratory
in the Atlantic southern zone; revise the sale of incidental catch of Atlantic group’s southern zone year-round.
sradovich on DSK3GMQ082PROD with RULES
commercial and recreational ACLs for migratory group king mackerel in the NMFS notes that the final rule for
Gulf migratory group king mackerel; shark gillnet fishery; establishes a Amendment 26 will be effective after
revise commercial zone quotas for Gulf commercial split season for Atlantic the end of the fishing year for Atlantic
migratory group king mackerel; and migratory group king mackerel in the migratory group king mackerel. As
modify the recreational bag limit for Atlantic southern zone; establishes a described in Amendment 26 and the
Gulf migratory group king mackerel. commercial trip limit system for proposed rule, landings from the Florida
The purpose of Amendment 26 and this Atlantic migratory group king mackerel east coast subzone for the 2016/17
VerDate Sep<11>2014 16:25 Apr 10, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM 11APR1](https://thefederalregister.org/doc/82_FR_17450/page/6.svg)
Document Created: 2017-04-11 00:48:37
Document Modified: 2017-04-11 00:48:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective May 11, 2017. | |
| Contact | Rachael Wadsworth, NMFS at 562-980- 4036. | |
| FR Citation | 82 FR 17382 | |
| RIN Number | 0648-BG67 | |
| CFR Associated | Administrative Practice and Procedure; Fish; Fisheries; Fishing; Marine Resources; Reporting and Recordkeeping Requirements and Treaties |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR