83 FR 13203 - International Fisheries; Pacific Tuna Fisheries; Revised 2018 Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean; 2018 Catch Limit

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 60 (March 28, 2018)

Page Range		13203-13205
FR Document		2018-06148

The National Marine Fisheries Service is issuing regulations under the Tuna Conventions Act to revise trip limits on the commercial catch of Pacific bluefin tuna applicable to 2018. U.S. commercial fishing vessels are subject to a biennial limit for 2017 and 2018, and the catch limit in 2018 is 114 metric tons (mt). To avoid exceeding the biennial limit, NMFS is imposing a 1-mt trip limit--except for large- mesh drift gillnet vessels, which would be subject to a 2-mt trip limit--throughout 2018 or until the 2018 catch limit is reached and the fishery is closed. This action is necessary for the United States to satisfy its obligations as a member of the Inter-American Tropical Tuna Commission. This document also announces the availability of a final supplemental Environmental Assessment that analyzed the environmental impacts of imposing a reduced trip limit.

Federal Register, Volume 83 Issue 60 (Wednesday, March 28, 2018)

[Federal Register Volume 83, Number 60 (Wednesday, March 28, 2018)]
[Rules and Regulations]
[Pages 13203-13205]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-06148]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170925942-8250-02]
RIN 0648-BH30

International Fisheries; Pacific Tuna Fisheries; Revised 2018
Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern
Pacific Ocean; 2018 Catch Limit

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

ACTION: Final rule and notice of availability of a final supplemental
environmental assessment (EA).

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SUMMARY: The National Marine Fisheries Service is issuing regulations
under the Tuna Conventions Act to revise trip limits on the commercial
catch of Pacific bluefin tuna applicable to 2018. U.S. commercial
fishing vessels are subject to a biennial limit for 2017 and 2018, and
the catch limit in 2018 is 114 metric tons (mt). To avoid exceeding the
biennial limit, NMFS is imposing a 1-mt trip limit--except for large-
mesh drift gillnet vessels, which would be subject to a 2-mt trip
limit--throughout 2018 or until the 2018 catch limit is reached and the
fishery is closed. This action is necessary for the United States to
satisfy its obligations as a member of the Inter-American Tropical Tuna
Commission. This document also announces the availability of a final
supplemental Environmental Assessment that analyzed the environmental
impacts of imposing a reduced trip limit.

DATES: The final rule is effective April 27, 2018.

ADDRESSES: Copies of the supplemental Environmental Assessment and
other supporting documents are available via the Federal eRulemaking
Portal: http://www.regulations.gov, docket NOAA-NMFS-2017-0128, or
contact the Highly Migratory Species Branch Chief, Heidi Taylor, 501 W.
Ocean Blvd., Suite 4200, Long Beach, CA 90802, or
RegionalAdministrator.WCRHMS@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Celia Barroso, NMFS,
Celia.Barroso@noaa.gov, 562-432-1850.

SUPPLEMENTARY INFORMATION:

Background

On December 7, 2017, NMFS published a proposed rule in the Federal
Register (82 FR 57699) to revise regulations at 50 CFR part 300,
subpart C, for the commercial catch of Pacific bluefin tuna applicable
to U.S. commercial vessels in 2018. The public comment period was open
until January 8, 2018.
This final rule is implemented under the authority of the Tuna
Conventions Act (16 U.S.C. 951 et seq.), which directs the Secretary of
Commerce, after approval by the Secretary of State, to promulgate
regulations as may be necessary to implement resolutions adopted by the
Inter-American Tropical Tuna Commission (IATTC). This authority has
been delegated to the National Marine Fisheries Service (NMFS).
The proposed rule contains additional background information,
including information on the IATTC, the international obligations of
the United States as a member of the IATTC, and the need for
regulations. Public comments received are addressed below. The
regulatory text in this final rule is unchanged from the regulatory
text of the proposed rule.

[[Page 13204]]

New Regulations for 2018

This final rule revises the trip limits for U.S. commercial vessels
that catch Pacific bluefin tuna in the Convention Area (defined as the
area bounded by the coast of the Americas, the 50[deg] N and 50[deg] S
parallels, the 150[deg] W meridian, and the waters of the eastern
Pacific Ocean (EPO)) for 2018. A 1-metric ton (mt) trip limit
applicable to all U.S. commercial vessels except large-mesh drift
gillnet vessels and a 2-mt trip limit applicable to large-mesh drift
gillnet vessels will be in effect in 2018 or until the fishery is
closed. When the 2018 catch limit of 114 mt is reached, the fishery
shall be closed through the end of the 2018 calendar year.
When NMFS determines that the catch limit is expected to be reached
in 2018 (based on landings receipts, data submitted in logbooks, and
other available fishery information), it will prohibit commercial
fishing for, or retention of, Pacific bluefin tuna for the remainder of
the calendar year. NMFS will publish a notice in the Federal Register
announcing that the targeting, retaining, transshipping, or landing of
Pacific bluefin tuna will be prohibited on a specified effective date
through the end of that calendar year. Upon that effective date, a
commercial fishing vessel of the United States may not be used to
target, retain on board, transship, or land Pacific bluefin tuna
captured in the Convention Area during the period specified in the
announcement; however, any Pacific bluefin tuna already on board a
fishing vessel on the effective date may be retained on board,
transshipped, and/or landed, to the extent authorized by applicable
laws and regulations, provided that they are landed within 14 days
after the effective date.

Catch Monitoring

NMFS will provide updates on Pacific bluefin tuna catch in the
Convention Area to the public via the IATTC listserv and the West Coast
Region website: http://www.westcoast.fisheries.noaa.gov/fisheries/migratory_species/bluefin_tuna_harvest_status.html. Additionally, NMFS
will report preliminary estimates of Pacific bluefin tuna catch more
frequently than monthly intervals if and when commercial catch
approaches the limit to allow participants in the U.S. commercial
fishery plan for the possibility of a fishery closure.

Public Comments and Responses

NMFS received five written comments during the 30-day public
comment period on the proposed rule that closed on January 8, 2018. Two
comments expressed support for the measures. Another two comments urged
a 5-mt trip limit when PBF is landed with yellowfin tuna (YFT) and the
majority of the landing consists of YFT. These commenters asserted that
more than 1 mt of PBF is often caught incidentally in individual purse
seine sets that are targeting YFT. However, NMFS does not have data
that confirms the assertion that purse seine vessels harvest between 1
and 5 mt of PBF in sets that are targeting YFT. NMFS will attempt to
obtain this data and consider this request in the future management of
PBF, if appropriate. Furthermore, these commenters also suggested the
rule would have a significant economic impact for purposes of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., contrary to the
agency's conclusion. However, available data used in the analysis do
not support this position. As stated in the Classification section of
the proposed rule, ``the value of Pacific bluefin tuna in coastal
pelagic purse seine fishery [including as incidental catch on trips
targeting yellowfin] from 2006-2015 . . . is negligible relative to the
fleet's annual revenue resulting from other species.'' Additionally,
this rule will apply only to 2018, so the impacts from this rule for
affected entities will be limited to one year. Managers will continue
to assess the relative importance of the PBF fishery to the fleet's
portfolio, along with conservation and other management priorities, in
future decision-making.
A fifth commenter suggested a 2-mt trip limit for all gear-types
and proposed a phased approach in which, as the annual limit is neared,
the trip limit gets reduced to 1 mt and then 0.5 mt. However, because
processors in California are not required to submit landing receipts
until 15 days after a landing, depending on the date of the landing,
NMFS may not have adequate time to reduce the trip limits on time if
the catch rate is increased to 2-mt per trip. Furthermore, the proposed
trip limits are designed to be large enough to avoid regulatory
discards throughout the year, but a 1-mt trip limit would increase the
likelihood of regulatory discards for drift gillnet vessels and 0.5-mt
trip limit would likely result in regulatory discards for other gear-
types as well.

Classification

After consulting with the Department of State and the United States
Coast Guard, the NMFS Assistant Administrator has determined that this
rule is consistent with the Tuna Conventions Act and other applicable
laws.
This rule was determined to be not significant for purposes of
Executive Order 12866.
Although there are no new collection-of-information requirements
associated with this action that are subject to the Paperwork Reduction
Act, existing collection-of-information requirements associated with
the Fishery Management Plan for U.S. West Coast Fisheries for Highly
Migratory Species still apply. These requirements have been approved by
the Office of Management and Budget under Control Number 0648-0204.
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.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that, for purposes of the
Regulatory Flexibility Act, 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. NMFS received two comments on the certification and
they are addressed above under the Public Comments and Responses
section. No information received during the public comment period
changes NMFS' analysis. Therefore, the initial certification published
with the proposed rule--that this rule is not expected to have a
significant economic impact on a substantial number of small entities--
remains unchanged. As a result, a regulatory flexibility analysis was
not required and none was prepared.

List of Subjects in 50 CFR Part 300

Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.

Dated: March 22, 2018.
Samuel D. Rauch, III,
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 13205]]

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. 300.25, revise paragraph (g)(3) to read as follows:

Sec. 300.25 Fisheries management.

* * * * *
(g) * * *
(3) In 2018, a 1 metric ton trip limit will be in effect, except
for vessels using large-mesh (14 inch or greater stretched mesh) drift
gillnet gear. In 2018, a 2 metric ton trip limit will be in effect for
vessels using large-mesh drift gillnet gear.
* * * * *
[FR Doc. 2018-06148 Filed 3-27-18; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations 13203

EPA-APPROVED ILLINOIS NONREGULATORY AND QUASI-REGULATORY PROVISIONS—Continued
State
Applicable geographic or non-
Name of SIP provision submittal EPA approval date Comments
attainment area date

* * * * * * *

PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401, et seq. § 81.314 Illinois.
FOR AIR QUALITY PLANNING ■ 4. Section 81.314 is amended by * * * * *
PURPOSES revising the table entitled ‘‘Illinois—
■ 3. The authority citation for part 81 2008 Lead NAAQS’’ to read as follows:
continues to read as follows:

ILLINOIS—2008 LEAD NAAQS
Designation for the 2008 NAAQS a
Designated area
Date 1 Type

Chicago, IL:
Cook County (part) ........................................................................................................................... 3/28/18 Attainment.
Area bounded by Damen Ave. on the west, Roosevelt Rd. on the north, the Dan Ryan Express-
way on the east, and the Stevenson Expressway on the south.
Granite City, IL:
Madison County (part) ..................................................................................................................... 3/28/18 Attainment.
Area is bounded by Granite City Township and Venice Township.
Rest of State .................................................................................................................................... ........................ Unclassifiable/Attain-
ment.
a Includes Indian Country located in each county or area, except as otherwise specified.
1 December 31, 2011 unless otherwise noted.

[FR Doc. 2018–06128 Filed 3–27–18; 8:45 am] and 2018, and the catch limit in 2018 is Background
BILLING CODE 6560–50–P 114 metric tons (mt). To avoid
exceeding the biennial limit, NMFS is On December 7, 2017, NMFS
imposing a 1-mt trip limit—except for published a proposed rule in the
large-mesh drift gillnet vessels, which Federal Register (82 FR 57699) to revise
DEPARTMENT OF COMMERCE
would be subject to a 2-mt trip limit— regulations at 50 CFR part 300, subpart
National Oceanic and Atmospheric throughout 2018 or until the 2018 catch C, for the commercial catch of Pacific
Administration limit is reached and the fishery is bluefin tuna applicable to U.S.
closed. This action is necessary for the commercial vessels in 2018. The public
50 CFR Part 300 United States to satisfy its obligations as comment period was open until January
a member of the Inter-American 8, 2018.
[Docket No. 170925942–8250–02] Tropical Tuna Commission. This
This final rule is implemented under
RIN 0648–BH30 document also announces the
the authority of the Tuna Conventions
availability of a final supplemental
Environmental Assessment that Act (16 U.S.C. 951 et seq.), which
International Fisheries; Pacific Tuna
analyzed the environmental impacts of directs the Secretary of Commerce, after
Fisheries; Revised 2018 Commercial
imposing a reduced trip limit. approval by the Secretary of State, to
Fishing Restrictions for Pacific Bluefin
Tuna in the Eastern Pacific Ocean; DATES: The final rule is effective April
promulgate regulations as may be
2018 Catch Limit 27, 2018. necessary to implement resolutions
adopted by the Inter-American Tropical
ADDRESSES: Copies of the supplemental
AGENCY: National Marine Fisheries Tuna Commission (IATTC). This
Environmental Assessment and other
Service (NMFS), National Oceanic and authority has been delegated to the
supporting documents are available via
Atmospheric Administration (NOAA), National Marine Fisheries Service
the Federal eRulemaking Portal: http://
Commerce. (NMFS).
www.regulations.gov, docket NOAA–
ACTION: Final rule and notice of NMFS–2017–0128, or contact the The proposed rule contains additional
availability of a final supplemental Highly Migratory Species Branch Chief, background information, including
environmental assessment (EA). Heidi Taylor, 501 W. Ocean Blvd., Suite information on the IATTC, the
SUMMARY: The National Marine 4200, Long Beach, CA 90802, or international obligations of the United
daltland on DSKBBV9HB2PROD with RULES

Fisheries Service is issuing regulations RegionalAdministrator.WCRHMS@ States as a member of the IATTC, and
under the Tuna Conventions Act to noaa.gov. the need for regulations. Public
revise trip limits on the commercial FOR FURTHER INFORMATION CONTACT: comments received are addressed
catch of Pacific bluefin tuna applicable Celia Barroso, NMFS, Celia.Barroso@ below. The regulatory text in this final
to 2018. U.S. commercial fishing vessels noaa.gov, 562–432–1850. rule is unchanged from the regulatory
are subject to a biennial limit for 2017 SUPPLEMENTARY INFORMATION: text of the proposed rule.

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Federal Register / Vol. 83, No. 60 / Wednesday, March 28, 2018 / Rules and Regulations 13205

PART 300—INTERNATIONAL deep-water species fishery by vessels flatfish, rex sole, and arrowtooth
FISHERIES REGULATIONS using trawl gear in the Gulf of Alaska flounder.
(GOA). This action is necessary because After the effective date of this closure
Subpart C—Eastern Pacific Tuna the first seasonal apportionment of the the maximum retainable amounts at
Fisheries Pacific halibut bycatch allowance § 679.20(e) and (f) apply at any time
specified for the deep-water species during a trip.
■ 1. The authority citation for part 300, fishery in the GOA will be reached.
subpart C, continues to read as follows: Classification
DATES: Effective 1200 hours, Alaska
Authority: 16 U.S.C. 951 et seq. local time March 23, 2018, through 1200 This action responds to the best
■ 2. In § 300.25, revise paragraph (g)(3) hours, A.l.t., April 1, 2018. available information recently obtained
to read as follows: FOR FURTHER INFORMATION CONTACT: Josh from the fishery. The Assistant
Keaton, 907–586–7228. Administrator for Fisheries, NOAA
§ 300.25 Fisheries management.
SUPPLEMENTARY INFORMATION: NMFS (AA), finds good cause to waive the
* * * * * requirement to provide prior notice and
(g) * * * manages the groundfish fishery in the
GOA exclusive economic zone opportunity for public comment
(3) In 2018, a 1 metric ton trip limit pursuant to the authority set forth at
will be in effect, except for vessels using according to the Fishery Management
Plan for Groundfish of the Gulf of 5 U.S.C. 553(b)(B) as such requirement
large-mesh (14 inch or greater stretched is impracticable and contrary to the
mesh) drift gillnet gear. In 2018, a 2 Alaska (FMP) prepared by the North
Pacific Fishery Management Council public interest. This requirement is
metric ton trip limit will be in effect for impracticable and contrary to the public
vessels using large-mesh drift gillnet under authority of the Magnuson-
Stevens Fishery Conservation and interest as it would prevent NMFS from
gear. responding to the most recent fisheries
Management Act. Regulations governing
* * * * * data in a timely fashion and would
[FR Doc. 2018–06148 Filed 3–27–18; 8:45 am]
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50 delay the closure of the deep-water
BILLING CODE 3510–22–P species fishery by vessels using trawl
CFR part 600 and 50 CFR part 679.
The first seasonal apportionment of gear in the GOA. NMFS was unable to
the Pacific halibut bycatch allowance publish a notice providing time for
DEPARTMENT OF COMMERCE public comment because the most
specified for the trawl deep-water
National Oceanic and Atmospheric species fishery in the GOA is 85 metric recent, relevant data only became
Administration tons as established by the final 2018 and available as of March 21, 2018.
2019 harvest specifications for The AA also finds good cause to
50 CFR Part 679 groundfish of the GOA (83 FR 8768, waive the 30-day delay in the effective
March 1, 2018), for the period 1200 date of this action under 5 U.S.C.
[Docket No. 170816769–8162–02]
hours, A.l.t., January 20, 2018, through 553(d)(3). This finding is based upon
RIN 0648–XG109 1200 hours, A.l.t., April 1, 2018. the reasons provided above for waiver of
In accordance with § 679.21(d)(6)(i), prior notice and opportunity for public
Fisheries of the Economic Exclusive the Administrator, Alaska Region, comment.
Zone Off Alaska; Deep-Water Species NMFS, has determined that the first This action is required by § 679.21
Fishery by Vessels Using Trawl Gear in seasonal apportionment of the Pacific and is exempt from review under
the Gulf of Alaska halibut bycatch allowance specified for Executive Order 12866.
AGENCY: National Marine Fisheries the trawl deep-water species fishery in Authority: 16 U.S.C. 1801 et seq.
Service (NMFS), National Oceanic and the GOA will be reached. Consequently,
NMFS is prohibiting directed fishing for Dated: March 22, 2018.
Atmospheric Administration (NOAA),
the deep-water species fishery by Jennifer M. Wallace,
Commerce.
vessels using trawl gear in the GOA. The Acting Director, Office of Sustainable
ACTION: Temporary rule; closure.
species and species groups that Fisheries, National Marine Fisheries Service.
SUMMARY: NMFS is prohibiting directed comprise the deep-water species fishery [FR Doc. 2018–06145 Filed 3–22–18; 4:15 pm]
fishing for species that comprise the include sablefish, rockfish, deep-water BILLING CODE 3510–22–P
daltland on DSKBBV9HB2PROD with RULES

VerDate Sep<11>2014 16:22 Mar 27, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 9990 E:\FR\FM\28MRR1.SGM 28MRR1

Document Created: 2018-11-01 08:55:23
Document Modified: 2018-11-01 08:55:23

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 and notice of availability of a final supplemental environmental assessment (EA).
Dates		The final rule is effective April 27, 2018.
Contact		Celia Barroso, NMFS, [email protected], 562-432-1850.
FR Citation		83 FR 13203
RIN Number		0648-BH30
CFR Associated		Administrative Practice and Procedure; Fish; Fisheries; Fishing; Marine Resources; Reporting and Recordkeeping Requirements and Treaties

83 FR 13203 - International Fisheries; Pacific Tuna Fisheries; Revised 2018 Commercial Fishing Restrictions for Pacific Bluefin Tuna in the Eastern Pacific Ocean; 2018 Catch Limit

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 60 (March 28, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration