82 FR 58564 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; 2017 Purse Seine FAD Fishery Closure
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 238 (December 13, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 238 (December 13, 2017)
| Page Range | 58564-58565 | |
| FR Document | 2017-26879 |
[Federal Register Volume 82, Number 238 (Wednesday, December 13, 2017)] [Rules and Regulations] [Pages 58564-58565] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26879] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 160205084-6510-02] RIN 0648-XF873 International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; 2017 Purse Seine FAD Fishery Closure AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; fishery closure. ----------------------------------------------------------------------- SUMMARY: NMFS announces that U.S. purse seine vessels will be prohibited from fishing on fish aggregating devices (FADs) in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention) in the area between the latitudes of 20[deg] N. and 20[deg] S., as a result of reaching the 2017 limit on FAD sets. This action is taken to enable 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, to which it is a Contracting Party. DATES: Effective 00:00 on December 24, 2017, universal time coordinated (UTC), until 24:00 on December 31, 2017 UTC. FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS Pacific Islands Regional Office, 808-725-5033. 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 that enable the United States to carry out its obligations 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 2,522 FAD sets that may be used by U.S. purse seine fishing vessels in the Convention Area between the latitudes of 20[deg] N and 20[deg] S in calendar year 2017 (see final rule at 81 FR 41239, June 24, 2016, codified at 50 CFR 300.223). Based on data submitted in logbooks and other available information, NMFS expects that the limit of 2,522 FAD sets for 2017 will be reached and, in accordance with the procedures established at 50 CFR 300.223(b)(2)(iii), announces that restrictions on the use of FADs will be in effect starting at 00:00 on December 24, 2017, UTC. These restrictions will remain in effect until 24:00 on December 31, 2017, UTC. The specific restrictions, detailed at 50 CFR 300.223(b)(1), prohibit owners, operators, and crew of fishing vessels of the United States from doing any of the following activities in the Convention Area in the area between 20[deg] N latitude and 20[deg] S latitude: (1) Set a purse seine around a FAD or within one nautical mile of a FAD; (2) set a purse seine in a manner intended to capture fish that have aggregated in association with a FAD or a vessel, such as by setting the purse seine in an area from which a FAD or a vessel has been moved or removed within the previous eight hours, or setting the purse seine in an area in which a FAD has been inspected or handled within the previous eight hours, or setting the purse seine in an area into which fish were drawn by a vessel from the vicinity of a FAD or a vessel; (3) deploy a FAD into the water; and (4) repair, clean, maintain, or otherwise service a FAD, including any electronic equipment used in association with a FAD, in the water or on a vessel while at sea. Notwithstanding the restrictions, a FAD may be inspected and handled as needed to identify the FAD, identify and release incidentally captured animals, un-foul fishing gear, or prevent damage to property or risk to human safety. A FAD may also be removed from the water and, if removed, may be cleaned, provided that it is not returned to the water. The following additional restriction also applies: owners, operators and crew of a U.S. fishing vessel shall not submerge lights under water, suspend or hang lights over the side of the purse seine vessel, skiff, watercraft or equipment, or direct or use lights in a manner other than as needed to illuminate the deck of the purse seine vessel or associated skiffs, watercraft or equipment, to comply with navigational requirements, and to ensure the health and safety of the crew. This final restriction does not apply in emergencies as needed to prevent human injury or the loss of human life, the loss of the purse seine vessel, skiffs, watercraft or aircraft, or environmental damage. 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, because NMFS cannot ensure timely compliance with the 2017 limit on FAD sets in the Convention Area based on its receipt of the logbook data and other relevant information to calculate that the FAD limit has been reached. This action is based on the best available information on U.S. purse seine fishing effort on FADs in the Convention Area. The action is taken to enable the United States to comply with [[Page 58565]] 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. This action is required by 50 CFR 300.223(b)(2)(iii) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 6901 et seq. Dated: December 8, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-26879 Filed 12-12-17; 8:45 am] BILLING CODE 3510-22-P
![58564 Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Rules and Regulations
of Pennsylvania, through the SUMMARY: NMFS announces that U.S. Area in the area between 20° N latitude
Pennsylvania Department of purse seine vessels will be prohibited and 20° S latitude: (1) Set a purse seine
Environmental Protection (PADEP), from fishing on fish aggregating devices around a FAD or within one nautical
submitted a formal revision to the (FADs) in the area of application of the mile of a FAD; (2) set a purse seine in
Pennsylvania SIP. The SIP revision Convention on the Conservation and a manner intended to capture fish that
consists of the adoption of EPA’s CTG Management of Highly Migratory Fish have aggregated in association with a
for automobile and light duty assembly Stocks in the Western and Central FAD or a vessel, such as by setting the
coatings. In the direct final rule Pacific Ocean (Convention) in the area purse seine in an area from which a
published on October 24, 2017 (82 FR between the latitudes of 20° N. and 20° FAD or a vessel has been moved or
49128), EPA stated that if EPA received S., as a result of reaching the 2017 limit removed within the previous eight
adverse comments by November 24, on FAD sets. This action is taken to hours, or setting the purse seine in an
2017, the rule would be withdrawn and enable the United States to implement area in which a FAD has been inspected
not take effect. EPA subsequently provisions of a conservation and or handled within the previous eight
received adverse comments from management measure adopted by the hours, or setting the purse seine in an
anonymous commenters. Commission for the Conservation and area into which fish were drawn by a
Because adverse comments were Management of Highly Migratory Fish vessel from the vicinity of a FAD or a
received, EPA is withdrawing the direct Stocks in the Western and Central vessel; (3) deploy a FAD into the water;
final rule promulgated by EPA on Pacific Ocean (WCPFC or Commission) and (4) repair, clean, maintain, or
October 24, 2017 (82 FR 49128) and to satisfy the obligations of the otherwise service a FAD, including any
approving the revision to the United States under the Convention, to electronic equipment used in
Pennsylvania SIP pertaining to the which it is a Contracting Party. association with a FAD, in the water or
addition of new regulations to address DATES: Effective 00:00 on December 24, on a vessel while at sea.
the requirement to adopt RACT for 2017, universal time coordinated (UTC), Notwithstanding the restrictions, a FAD
sources covered by EPA’s CTG for until 24:00 on December 31, 2017 UTC. may be inspected and handled as
automobile and light-duty truck needed to identify the FAD, identify and
FOR FURTHER INFORMATION CONTACT: Rini
assembly coatings. EPA will respond to release incidentally captured animals,
Ghosh, NMFS Pacific Islands Regional
the adverse comments in a separate final un-foul fishing gear, or prevent damage
Office, 808–725–5033.
rulemaking action. to property or risk to human safety. A
SUPPLEMENTARY INFORMATION: U.S. purse FAD may also be removed from the
List of Subjects in 40 CFR Part 52 seine fishing in the area of application water and, if removed, may be cleaned,
of the Convention, or Convention Area, provided that it is not returned to the
Environmental protection, Air
is managed, in part, under the Western water. The following additional
pollution control, Incorporation by
and Central Pacific Fisheries restriction also applies: owners,
reference, Ozone, Reporting and
Convention Implementation Act (16 operators and crew of a U.S. fishing
recordkeeping requirements, Volatile
U.S.C. 6901, et seq.). Regulations vessel shall not submerge lights under
organic compounds.
implementing the Act are at 50 CFR part water, suspend or hang lights over the
Dated: November 30, 2017. 300, subpart O. On behalf of the side of the purse seine vessel, skiff,
Cosmo Servidio, Secretary of Commerce, NMFS watercraft or equipment, or direct or use
Regional Administrator, Region III. promulgates regulations under the Act lights in a manner other than as needed
that enable the United States to carry to illuminate the deck of the purse seine
■ Accordingly, the amendments to 40
out its obligations under the vessel or associated skiffs, watercraft or
CFR 52.2020 published on October 24,
Convention, including implementation equipment, to comply with navigational
2017 (82 FR 49128) are withdrawn as of
of the decisions of the Commission. requirements, and to ensure the health
December 13, 2017. Pursuant to WCPFC Conservation and and safety of the crew. This final
[FR Doc. 2017–26763 Filed 12–12–17; 8:45 am] Management Measure 2015–01, NMFS restriction does not apply in
BILLING CODE 6560–50–P issued regulations that established a emergencies as needed to prevent
limit of 2,522 FAD sets that may be used human injury or the loss of human life,
by U.S. purse seine fishing vessels in the loss of the purse seine vessel, skiffs,
DEPARTMENT OF COMMERCE the Convention Area between the watercraft or aircraft, or environmental
latitudes of 20° N and 20° S in calendar damage.
National Oceanic and Atmospheric year 2017 (see final rule at 81 FR 41239,
June 24, 2016, codified at 50 CFR Classification
Administration
300.223). There is good cause under 5 U.S.C.
50 CFR Part 300 Based on data submitted in logbooks 553(b)(B) to waive prior notice and
and other available information, NMFS opportunity for public comment on this
[Docket No. 160205084–6510–02] expects that the limit of 2,522 FAD sets action. Compliance with the notice and
for 2017 will be reached and, in comment requirement would be
RIN 0648–XF873 accordance with the procedures impracticable and contrary to the public
established at 50 CFR 300.223(b)(2)(iii), interest, because NMFS cannot ensure
International Fisheries; Western and announces that restrictions on the use of timely compliance with the 2017 limit
Central Pacific Fisheries for Highly FADs will be in effect starting at 00:00 on FAD sets in the Convention Area
Migratory Species; 2017 Purse Seine on December 24, 2017, UTC. These based on its receipt of the logbook data
sradovich on DSK3GMQ082PROD with RULES
FAD Fishery Closure restrictions will remain in effect until and other relevant information to
AGENCY: National Marine Fisheries 24:00 on December 31, 2017, UTC. calculate that the FAD limit has been
Service (NMFS), National Oceanic and The specific restrictions, detailed at reached. This action is based on the best
Atmospheric Administration (NOAA), 50 CFR 300.223(b)(1), prohibit owners, available information on U.S. purse
Commerce. operators, and crew of fishing vessels of seine fishing effort on FADs in the
the United States from doing any of the Convention Area. The action is taken to
ACTION: Temporary rule; fishery closure.
following activities in the Convention enable the United States to comply with
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![Federal Register / Vol. 82, No. 238 / Wednesday, December 13, 2017 / Rules and Regulations 58565
its obligations under the Convention effective date less than 30 days after the Dated: December 8, 2017.
and is important for the conservation date of publication of this notice. Emily H. Menashes,
and management of bigeye tuna, This action is required by 50 CFR Acting Director, Office of Sustainable
yellowfin tuna, and skipjack tuna in the 300.223(b)(2)(iii) and is exempt from Fisheries, National Marine Fisheries Service.
western and central Pacific Ocean. For review under Executive Order 12866. [FR Doc. 2017–26879 Filed 12–12–17; 8:45 am]
the same reasons, there is good cause BILLING CODE 3510–22–P
under 5 U.S.C. 553(d)(3) to establish an Authority: 16 U.S.C. 6901 et seq.
sradovich on DSK3GMQ082PROD with RULES
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Document Created: 2017-12-13 01:23:57
Document Modified: 2017-12-13 01:23:57
| 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 | Temporary rule; fishery closure. | |
| Dates | Effective 00:00 on December 24, 2017, universal time coordinated (UTC), until 24:00 on December 31, 2017 UTC. | |
| Contact | Rini Ghosh, NMFS Pacific Islands Regional Office, 808-725-5033. | |
| FR Citation | 82 FR 58564 | |
| RIN Number | 0648-XF87 |
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