82 FR 56177 - International Fisheries; Pacific Tuna Fisheries; Restrictions on Fishing for Sharks in the Eastern Pacific Ocean
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 227 (November 28, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 227 (November 28, 2017)
| Page Range | 56177-56178 | |
| FR Document | 2017-25617 |
[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)] [Rules and Regulations] [Pages 56177-56178] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25617] [[Page 56177]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 170712657-7999-02] RIN 0648-BG85 International Fisheries; Pacific Tuna Fisheries; Restrictions on Fishing for Sharks 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-16-05 (Resolution on the Management of Shark Species) of the Inter-American Tropical Tuna Commission (IATTC) adopted in July 2016. Per the Resolution, these regulations require purse seine vessel owners, operators, and crew to follow specified release requirements for sharks in the eastern Pacific Ocean (EPO). These regulations also prohibit longline vessels targeting tuna or swordfish in the EPO from using ``shark lines'' (a type of fishing gear used on longline vessels to target sharks). This rule is necessary for the United States to satisfy its obligations as a member of the IATTC. DATES: This rule is effective January 1, 2018. 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-2017-0068, or by contacting the Regional Administrator, Barry A. Thom, NMFS West Coast Region, 1201 NE. Lloyd Boulevard, Suite 1100, Portland, OR 97232-1274, or [email protected]. FOR FURTHER INFORMATION CONTACT: Daniel Studt, NMFS, West Coast Region, 562-980-4073. SUPPLEMENTARY INFORMATION: On August 7, 2017, NMFS published a proposed rule in the Federal Register (82 FR 36724) to implement provisions of Resolution C-16-05 adopted by the IATTC in July 2016. The 30-day public comment period for the proposed rule closed on September 6, 2017, and one comment was received from an individual in support of the proposed rule as drafted. NMFS is finalizing the rule as proposed, except for non-substantive revisions as described below. The preamble to the proposed rule contains additional background information, including information on the IATTC, the international obligations of the United States as an IATTC member, and the need for regulations. 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. The recent amendments direct 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. This rule implements provisions of Resolutions C-16-05 for U.S. commercial fishing vessels that fish for tuna or 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. This final rule requires that the crew, operator, and owner of a U.S. commercial purse seine fishing vessel promptly release unharmed, to the extent practicable, any shark (whether live or dead) caught in the IATTC Convention Area, as soon as it is seen in the net or on the deck, without compromising the safety of any persons. If a shark is live when caught, the crew, operator, or owner of a U.S. commercial purse seine vessel must follow the release procedures described in the regulatory text at 50 CFR 300.27(k). This rule also prohibits the towing of a whale shark (Rhincondon typus) out of a purse seine net (e.g., using towing ropes). Furthermore, this rule prohibits longline vessels targeting tuna or swordfish in the IATTC Convention Area from using ``shark lines.'' Lastly, this final rule updates paragraph references in 50 CFR 300.24 for consistency and accuracy with existing regulations. Public Comment and Response NMFS received one written comment from an individual during the 30- day public comment period that closed on September 6, 2017. The individual supported the proposed rulemaking and noted shark populations' vulnerability to threats. Changes From the Proposed Rule There are no changes to the regulatory text in the final rule from the proposed rule except that 50 CFR 300.27(b) has been revised by removing the phrase in parentheticals, ``other than silky shark, oceanic whitetip shark, and whale shark, which may not be retained for consumption''. NMFS removed this parenthetical language from the regulatory text of the final rule because it was unnecessary: Oceanic whitetip, silky or whale sharks are already required to be released as soon as possible; as a result, those three types of shark may never be retained even for the purpose of consumption. Also, for consistency with other definitions in 50 CFR 300.21, a colon was removed from the shark line definition in the proposed rule. Furthermore, paragraph 50 CFR 300.24(ii) was removed by a final rule on September 29, 2017 (82 FR 45514); therefore, paragraph additions of 50 CFR 300.24(jj) and (kk) have been updated to 50 CFR 300.24(ii) and (jj), respectively. Classification The NMFS Assistant Administrator, in consultation with the Department of State and the U.S. Coast Guard, has determined that this final rule is consistent with the Tuna Conventions Act and other applicable laws. Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866. Executive Order 13771 This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. Paperwork Reduction Act Collection of Information There are no new collection-of-information requirements associated with this action that are subject to the Paperwork Reduction Act (PRA), and 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. All [[Page 56178]] currently approved NOAA collections of information may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html Regulatory Flexibility Act Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a Regulatory Flexibility Analysis was not required and none was prepared. List of Subjects in 50 CFR Part 300 Fish, Fisheries, Fishing, Fishing vessels, International organizations, Marine resources, Reporting and recordkeeping requirements, Treaties. Dated: November 21, 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: 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. In Sec. 300.21, add a definition for ``Shark line'' in alphabetical order to read as follows: Sec. 300.21 Definitions. * * * * * Shark line means a type of fishing gear used to target sharks and consisting of an individual hooked line or hooked lines attached to the floatline or directly to the floats of longline gear and deployed in the water column at depths shallower than the mainline. * * * * * 0 3. In Sec. 300.24, revise paragraphs (w), (x), (cc), and (dd), and add paragraphs (ii) and (jj) to read as follows: Sec. 300.24 Prohibitions. * * * * * (w) Set or attempt to set a purse seine on or around a whale shark (Rhincodon typus) in contravention of Sec. 300.27(g). (x) Fail to release a whale shark encircled in a purse seine net of a fishing vessel as required in Sec. 300.27(h). * * * * * (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(i). (dd) Fail to handle or release a mobulid ray as required in Sec. 300.27(j). * * * * * (ii) Fail to handle or release a shark as required in Sec. 300.27(k). (jj) Use a shark line in contravention of Sec. 300.27(l). 0 4. In Sec. 300.27, revise paragraphs (b) and (h), and add paragraphs (k) and (l) to read as follows: Sec. 300.27 Incidental catch and tuna retention requirements. * * * * * (b) Release requirements for non-tuna species on purse seine vessels. All purse seine vessels must release all billfish, ray (not including mobulid rays, which are subject to paragraph (i) 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. Sharks caught in the IATTC Convention Area and that are not retained for consumption aboard the vessel must be released according to the requirements in paragraph (k) of this section. * * * * * (h) 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. No whale shark may be towed out of a purse seine net (e.g., using towing ropes). * * * * * (k) Shark handling and release requirements for purse seine vessels. The crew, operator, and owner of a U.S. commercial purse seine fishing vessel must promptly release unharmed, to the extent practicable, any shark (whether live or dead) caught in the IATTC Convention Area, as soon as it is seen in the net or on the deck, without compromising the safety of any persons. If a shark is live when caught, the crew, operator, or owner must follow release procedures in the following two paragraphs. (1) Sharks must be released out of the purse seine net by directly releasing the shark from the brailer into the ocean. Sharks that cannot be released without compromising the safety of persons or the sharks 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 through escape hatches. If ramps or escape hatches are not available, the sharks must be lowered with a sling or cargo net, using a crane or similar equipment, if available. (2) No shark may be gaffed or hooked, lifted by the head, tail, gill slits or spiracles, or lifted by using bind wire against or inserted through the body, and no holes may be punched through the bodies of sharks (e.g., to pass a cable through for lifting the shark). (l) Shark line prohibition for longline vessels. Any U.S. longline vessel used to fish for tuna or swordfish is prohibited from using any shark line in the IATTC Convention Area. [FR Doc. 2017-25617 Filed 11-27-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Rules and Regulations 56177
DEPARTMENT OF COMMERCE substantive revisions as described Changes From the Proposed Rule
below. The preamble to the proposed
National Oceanic and Atmospheric rule contains additional background There are no changes to the regulatory
Administration information, including information on text in the final rule from the proposed
the IATTC, the international obligations rule except that 50 CFR 300.27(b) has
50 CFR Part 300 of the United States as an IATTC been revised by removing the phrase in
member, and the need for regulations. parentheticals, ‘‘other than silky shark,
[Docket No. 170712657–7999–02]
This final rule is implemented under oceanic whitetip shark, and whale
RIN 0648–BG85 the Tuna Conventions Act (16 U.S.C. shark, which may not be retained for
951 et seq.), as amended on November consumption’’. NMFS removed this
International Fisheries; Pacific Tuna 5, 2015, by title II of Public Law 114– parenthetical language from the
Fisheries; Restrictions on Fishing for 81. The recent amendments direct the regulatory text of the final rule because
Sharks in the Eastern Pacific Ocean Secretary of Commerce, in consultation it was unnecessary: Oceanic whitetip,
AGENCY: National Marine Fisheries with the Secretary of State, and, with silky or whale sharks are already
Service (NMFS), National Oceanic and respect to enforcement measures, the required to be released as soon as
Atmospheric Administration (NOAA), U.S. Coast Guard, to promulgate such possible; as a result, those three types of
Commerce. regulations as may be necessary to carry shark may never be retained even for the
ACTION: Final rule.
out the United States’ obligations under purpose of consumption. Also, for
the Antigua Convention, including consistency with other definitions in 50
SUMMARY: NMFS is issuing regulations recommendations and decisions CFR 300.21, a colon was removed from
under the Tuna Conventions Act to adopted by the IATTC. The authority of the shark line definition in the proposed
implement Resolution C–16–05 the Secretary of Commerce to rule. Furthermore, paragraph 50 CFR
(Resolution on the Management of promulgate such regulations has been 300.24(ii) was removed by a final rule
Shark Species) of the Inter-American delegated to NMFS. This rule on September 29, 2017 (82 FR 45514);
Tropical Tuna Commission (IATTC) implements provisions of Resolutions therefore, paragraph additions of 50 CFR
adopted in July 2016. Per the C–16–05 for U.S. commercial fishing 300.24(jj) and (kk) have been updated to
Resolution, these regulations require vessels that fish for tuna or tuna-like 50 CFR 300.24(ii) and (jj), respectively.
purse seine vessel owners, operators, species in the IATTC Convention Area.
and crew to follow specified release The IATTC Convention Area is defined Classification
requirements for sharks in the eastern as waters of the EPO within the area
bounded by the west coast of the The NMFS Assistant Administrator,
Pacific Ocean (EPO). These regulations
also prohibit longline vessels targeting Americas and by 50° N. latitude, 150° in consultation with the Department of
tuna or swordfish in the EPO from using W. longitude, and 50° S. latitude. State and the U.S. Coast Guard, has
‘‘shark lines’’ (a type of fishing gear This final rule requires that the crew, determined that this final rule is
used on longline vessels to target operator, and owner of a U.S. consistent with the Tuna Conventions
sharks). This rule is necessary for the commercial purse seine fishing vessel Act and other applicable laws.
United States to satisfy its obligations as promptly release unharmed, to the Executive Order 12866
a member of the IATTC. extent practicable, any shark (whether
DATES: This rule is effective January 1, live or dead) caught in the IATTC This final rule has been determined to
2018. Convention Area, as soon as it is seen be not significant for purposes of
in the net or on the deck, without Executive Order 12866.
ADDRESSES: Copies of the Regulatory
compromising the safety of any persons.
Impact Review and other supporting Executive Order 13771
If a shark is live when caught, the crew,
documents are available via the Federal
operator, or owner of a U.S. commercial This rule is not an Executive Order
eRulemaking Portal: http://
purse seine vessel must follow the 13771 regulatory action because this
www.regulations.gov, docket NOAA–
release procedures described in the rule is not significant under Executive
NMFS–2017–0068, or by contacting the
regulatory text at 50 CFR 300.27(k). Order 12866.
Regional Administrator, Barry A. Thom,
This rule also prohibits the towing of
NMFS West Coast Region, 1201 NE.
a whale shark (Rhincondon typus) out of Paperwork Reduction Act Collection of
Lloyd Boulevard, Suite 1100, Portland,
a purse seine net (e.g., using towing Information
OR 97232–1274, or
ropes).
RegionalAdministrator.WCRHMS@ There are no new collection-of-
noaa.gov. Furthermore, this rule prohibits
longline vessels targeting tuna or information requirements associated
FOR FURTHER INFORMATION CONTACT: swordfish in the IATTC Convention with this action that are subject to the
Daniel Studt, NMFS, West Coast Region, Area from using ‘‘shark lines.’’ Paperwork Reduction Act (PRA), and
562–980–4073. Lastly, this final rule updates existing collection-of-information
SUPPLEMENTARY INFORMATION: On August paragraph references in 50 CFR 300.24 requirements still apply under the
7, 2017, NMFS published a proposed for consistency and accuracy with following Control Numbers: 0648–0148,
rule in the Federal Register (82 FR existing regulations. 0648–0214, and 0648–0593.
36724) to implement provisions of Notwithstanding any other provision of
Public Comment and Response the law, no person is required to
Resolution C–16–05 adopted by the
jstallworth on DSKBBY8HB2PROD with RULES
IATTC in July 2016. The 30-day public NMFS received one written comment respond to, and no person shall be
comment period for the proposed rule from an individual during the 30-day subject to penalty for failure to comply
closed on September 6, 2017, and one public comment period that closed on with, a collection-of-information subject
comment was received from an September 6, 2017. The individual to the requirements of the PRA, unless
individual in support of the proposed supported the proposed rulemaking and that collection-of-information displays a
rule as drafted. NMFS is finalizing the noted shark populations’ vulnerability currently valid Office of Management
rule as proposed, except for non- to threats. and Budget control number. All
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![56178 Federal Register / Vol. 82, No. 227 / Tuesday, November 28, 2017 / Rules and Regulations
currently approved NOAA collections of (x) Fail to release a whale shark Sharks that cannot be released without
information may be viewed at: http:// encircled in a purse seine net of a compromising the safety of persons or
www.cio.noaa.gov/services_programs/ fishing vessel as required in § 300.27(h). the sharks before being landed on deck
prasubs.html * * * * * must be returned to the water as soon
(cc) To retain on board, transship, as possible, either utilizing a ramp from
Regulatory Flexibility Act
store, land, sell, or offer for sale any part the deck connecting to an opening on
Pursuant to the Regulatory Flexibility or whole carcass of a mobulid ray, as the side of the boat, or through escape
Act, 5 U.S.C. 605(b), the Chief Counsel described in § 300.27(i). hatches. If ramps or escape hatches are
for Regulation of the Department of (dd) Fail to handle or release a not available, the sharks must be
Commerce certified to the Chief Counsel mobulid ray as required in § 300.27(j). lowered with a sling or cargo net, using
for Advocacy of the Small Business * * * * * a crane or similar equipment, if
Administration that this action would (ii) Fail to handle or release a shark available.
not have a significant economic impact as required in § 300.27(k). (2) No shark may be gaffed or hooked,
on a substantial number of small (jj) Use a shark line in contravention lifted by the head, tail, gill slits or
entities. The factual basis for the of § 300.27(l). spiracles, or lifted by using bind wire
certification was published in the against or inserted through the body,
■ 4. In § 300.27, revise paragraphs (b)
proposed rule and is not repeated here. and no holes may be punched through
and (h), and add paragraphs (k) and (l)
No comments were received regarding the bodies of sharks (e.g., to pass a cable
to read as follows:
this certification. As a result, a through for lifting the shark).
Regulatory Flexibility Analysis was not § 300.27 Incidental catch and tuna (l) Shark line prohibition for longline
required and none was prepared. retention requirements. vessels. Any U.S. longline vessel used to
List of Subjects in 50 CFR Part 300 * * * * * fish for tuna or swordfish is prohibited
(b) Release requirements for non-tuna from using any shark line in the IATTC
Fish, Fisheries, Fishing, Fishing species on purse seine vessels. All purse Convention Area.
vessels, International organizations, seine vessels must release all billfish, [FR Doc. 2017–25617 Filed 11–27–17; 8:45 am]
Marine resources, Reporting and ray (not including mobulid rays, which BILLING CODE 3510–22–P
recordkeeping requirements, Treaties. are subject to paragraph (i) of this
Dated: November 21, 2017. section), dorado (Coryphaena hippurus),
Alan D. Risenhoover, and other non-tuna fish species, except DEPARTMENT OF COMMERCE
Acting Deputy Assistant Administrator for those being retained for consumption
Regulatory Programs, National Marine aboard the vessel, as soon as practicable National Oceanic and Atmospheric
Fisheries Service. after being identified on board the Administration
For the reasons set out in the vessel during the brailing operation.
preamble, 50 CFR part 300 is amended Sharks caught in the IATTC Convention 50 CFR Part 622
as follows: Area and that are not retained for
consumption aboard the vessel must be [Docket No. 170803719–7719–01]
PART 300—INTERNATIONAL released according to the requirements
in paragraph (k) of this section. RIN 0648–XF848
FISHERIES REGULATIONS
* * * * * Fisheries of the Caribbean, Gulf of
Subpart C—Eastern Pacific Tuna (h) Whale shark release. The crew, Mexico, and South Atlantic; Snapper-
Fisheries operator, and owner of a fishing vessel Grouper Fishery of the South Atlantic;
of the United States commercially Re-Opening of the Recreational Sector
■ 1. The authority citation for part 300, fishing for tuna in the Convention Area
subpart C, continues to read as follows: for Red Snapper
must release as soon as possible, any
Authority: 16 U.S.C. 951 et seq. whale shark that is encircled in a purse AGENCY: National Marine Fisheries
■ 2. In § 300.21, add a definition for seine net, and must ensure that all Service (NMFS), National Oceanic and
‘‘Shark line’’ in alphabetical order to reasonable steps are taken to ensure its Atmospheric Administration (NOAA),
read as follows: safe release. No whale shark may be Commerce.
towed out of a purse seine net (e.g., ACTION: Temporary rule; re-opening.
§ 300.21 Definitions. using towing ropes).
* * * * * * * * * * SUMMARY: NMFS announces the re-
Shark line means a type of fishing (k) Shark handling and release opening of the recreational sector for red
gear used to target sharks and consisting requirements for purse seine vessels. snapper in the exclusive economic zone
of an individual hooked line or hooked The crew, operator, and owner of a U.S. (EEZ) of the South Atlantic through this
lines attached to the floatline or directly commercial purse seine fishing vessel temporary rule. The most recent
to the floats of longline gear and must promptly release unharmed, to the preliminary recreational harvest
deployed in the water column at depths extent practicable, any shark (whether information for red snapper indicate the
shallower than the mainline. live or dead) caught in the IATTC recreational annual catch limit (ACL) for
* * * * * Convention Area, as soon as it is seen the limited 2017 fishing season has not
in the net or on the deck, without yet been reached. Therefore, NMFS re-
■ 3. In § 300.24, revise paragraphs (w),
compromising the safety of any persons. opens the recreational sector for red
(x), (cc), and (dd), and add paragraphs
jstallworth on DSKBBY8HB2PROD with RULES
If a shark is live when caught, the crew, snapper in the South Atlantic EEZ for 3
(ii) and (jj) to read as follows:
operator, or owner must follow release days (see DATES) to allow the
§ 300.24 Prohibitions. procedures in the following two recreational ACL to be caught, while
* * * * * paragraphs. minimizing the risk of the recreational
(w) Set or attempt to set a purse seine (1) Sharks must be released out of the ACL being exceeded.
on or around a whale shark (Rhincodon purse seine net by directly releasing the DATES: This rule is effective 12:01 a.m.,
typus) in contravention of § 300.27(g). shark from the brailer into the ocean. local time, December 8, 2017, and closes
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Document Created: 2017-11-28 01:50:58
Document Modified: 2017-11-28 01:50:58
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective January 1, 2018. | |
| Contact | Daniel Studt, NMFS, West Coast Region, 562-980-4073. | |
| FR Citation | 82 FR 56177 | |
| RIN Number | 0648-BG85 | |
| CFR Associated | Fish; Fisheries; Fishing; Fishing Vessels; International Organizations; Marine Resources; Reporting and Recordkeeping Requirements and Treaties |
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