83_FR_27418 83 FR 27305 - International Fisheries; Eastern Pacific Tuna Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the Western and Central Pacific Fisheries Commission

83 FR 27305 - International Fisheries; Eastern Pacific Tuna Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the Western and Central Pacific Fisheries Commission

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 113 (June 12, 2018)

Page Range27305-27306
FR Document2018-12554

NMFS is considering whether to continue, or to revise, the management regime for fishing vessels that target tuna and other highly migratory fish species (HMS) in the area of overlapping jurisdiction between the Inter-American Tropical Tuna Commission (IATTC) and the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC) in the tropical Pacific Ocean. To that end, we are issuing this advance notice of proposed rulemaking to seek public input about whether U.S. fishing vessels fishing in that area should be governed by conservation measures adopted by IATTC or conservation measures adopted by WCPFC.

Federal Register, Volume 83 Issue 113 (Tuesday, June 12, 2018) 
[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Proposed Rules]
[Pages 27305-27306]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12554]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180202124-8124-01]
RIN 0648-BH59


International Fisheries; Eastern Pacific Tuna Fisheries; Western 
and Central Pacific Fisheries for Highly Migratory Species; Area of 
Overlap Between the Convention Areas of the Inter-American Tropical 
Tuna Commission and the Western and Central Pacific Fisheries 
Commission

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

ACTION: Advance notice of proposed rulemaking; request for comments.

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SUMMARY: NMFS is considering whether to continue, or to revise, the 
management regime for fishing vessels that target tuna and other highly 
migratory fish species (HMS) in the area of overlapping jurisdiction 
between the Inter-American Tropical Tuna Commission (IATTC) and the 
Commission for the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean (WCPFC) in the tropical 
Pacific Ocean. To that end, we are issuing this advance notice of 
proposed rulemaking to seek public input about whether U.S. fishing 
vessels fishing in that area should be governed by conservation 
measures adopted by IATTC or conservation measures adopted by WCPFC.

DATES: Comments on this advance notice of proposed rulemaking must be 
submitted in writing by July 12, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0049, by any of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0049, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Michael D. Tosatto, 
Regional Administrator, NMFS, Pacific Islands Regional Office, 1845 
Wasp Blvd., Building 176, Honolulu, HI 96818.
     Fax: (808) 725-5215; Attn: Michael D. Tosatto, Regional 
Administrator, NMFS, Pacific Islands Regional Office.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
might not be considered by NMFS. All comments received are a part of 
the public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name and address), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

SUPPLEMENTARY INFORMATION:

Background

    The United States is a member of both the IATTC and WCPFC. The 
convention areas for the IATTC and WCPFC overlap in the Pacific Ocean 
waters within a rectangular area bounded by 50[deg] S latitude, 
150[deg] W longitude, 130[deg] W longitude, and 4[deg] S latitude 
(``overlap area''). Historically, regulations implementing the 
conservation measures adopted by the IATTC (see 50

[[Page 27306]]

CFR part 300, subpart C) and the WCPFC (see 50 CFR part 300, subpart O) 
both applied to U.S. vessels fishing for HMS in the overlap area. In 
2012, the IATTC and the WCPFC adopted recommendations/decisions that 
provide that each member belonging to both commissions is to decide, 
for a period of not less than 3 years, whether IATTC or WCPFC 
conservation and management measures will apply to vessels of that 
member listed in both WCPFC Record of Fishing Vessels (record) and 
IATTC Regional Vessel Register List (register) while fishing in the 
overlap area.
    In accordance with the WCPFC decision and IATTC recommendation 
regarding the overlap area, NMFS issued a final rule on April 26, 2016 
(see 81 FR 24501, effective May 26, 2016; hereafter ``2016 final 
rule''), excluding the overlap area from the description of the IATTC 
Convention Area for the purpose of the regulations implementing 
conservation measures of the IATTC (50 CFR part 300, subpart C), except 
that IATTC Regional Vessel Register regulations at 50 CFR 300.22(b) 
continue to apply in the overlap area. Under the 2016 final rule 
regulations implementing conservation measures of the WCPFC continue to 
apply in the overlap area to vessels of all gear types listed in both 
WCPFC record and IATTC register. The requirement for U.S. vessels that 
fish for tuna and other HMS to be listed on the IATTC Regional Vessel 
Register continues to apply in the overlap area because the IATTC 
Regional Vessel Register is used to implement the Agreement on the 
International Dolphin Conservation Program (AIDCP), which is a separate 
international agreement that applies to purse seine vessels that fish 
in the eastern Pacific, including the overlap area. The AIDCP has not 
adopted a decision that would allow the United States to exempt vessels 
from AIDCP requirements even if only WCPFC requirements apply in the 
overlap area.
    Before the 2016 final rule was issued, NMFS evaluated the expected 
impacts of the rule by reviewing fishing activity in the overlap area 
and concluded that U.S. vessels did not often fish for HMS in the 
overlap area. The rule simplified regulations for U.S. vessels fishing 
in the area because, aside from the IATTC Regional Vessel Register 
requirements, affected vessels would be required to follow only the 
measures of the WCPFC rather than those of both the WCPFC and the 
IATTC.

Advance Notice of Proposed Rulemaking

    NMFS implements decisions of the WCPFC under the authority of the 
Western and Central Pacific Fisheries Convention Implementation Act (16 
U.S.C. 6901 et seq.), and decisions of the IATTC under the authority of 
the Tuna Conventions Act (16 U.S.C. 951 et seq.). In the preamble to 
the 2016 final rule, NMFS indicated that within the next 3 years, it 
may reevaluate the spatial distribution of fishing effort by U.S. 
fishing vessels fishing under the IATTC and WCPFC Conventions, 
especially with respect to the differences and similarities between 
fishing in the eastern Pacific Ocean (EPO) and the western and central 
Pacific Ocean (WCPO).
    NMFS seeks to better understand the effects of the 2016 final rule 
and the potential effects of applying the IATTC versus the WCPFC 
management measures for the overlap area. NMFS is interested in public 
comment on whether and, if so, how fishing effort by U.S. vessels 
fishing under the IATTC and WCPFC convention areas has changed since 
the 2016 final rule was issued and whether and how fishing effort might 
change in the foreseeable future. NMFS is interested in receiving any 
information, including but not limited to the impacts of the 2016 final 
rule on the fishing patterns of U.S.-flagged fishing vessels, their 
costs of fishing, the expected locations of fishing grounds in the 
foreseeable future, particularly with respect to the WCPO versus the 
EPO, and the expected costs to U.S. fishing businesses of applying 
IATTC versus WCPFC management measures to the overlap area.
    This advance notice of proposed rulemaking solicits information 
from the public that would be useful in evaluating the effects of the 
IATTC versus the WCPFC management measures for the overlap area. If 
warranted by the findings of this examination, NMFS may propose re-
applying IATTC management measures in the overlap area while removing 
WCPFC management measures.

Classification

    This advance notice of proposed rulemaking has been determined to 
be not significant for the purposes of Executive Order 12866.

    Authority: 16 U.S.C. 6901 et seq., 16 U.S.C. 951 et seq.

    Dated: June 6, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-12554 Filed 6-11-18; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 113 / Tuesday, June 12, 2018 / Proposed Rules 27305 Dated: June 6, 2018. (i) The offeror believed that at least of overlapping jurisdiction between the William F. Clark, one other offeror was capable of Inter-American Tropical Tuna Director, Office of Government-wide submitting a meaningful offer; and Commission (IATTC) and the Acquisition Policy, Office of Acquisition (ii) The offeror had no reason to Commission for the Conservation and Policy, Office of Government-wide Policy. believe that other potential offerors did Management of Highly Migratory Fish Therefore, DoD, GSA, and NASA not intend to submit an offer; and Stocks in the Western and Central proposes to amend 48 CFR part 15 as set (2) The determination that the Pacific Ocean (WCPFC) in the tropical forth below: proposed price is based on adequate Pacific Ocean. To that end, we are price competition and is reasonable has issuing this advance notice of proposed PART 15—CONTRACTING BY been approved at a level above the rulemaking to seek public input about NEGOTIATION contracting officer; or whether U.S. fishing vessels fishing in (C) Price analysis clearly that area should be governed by ■ 1. The authority citation for 48 CFR demonstrates that the proposed price is conservation measures adopted by part 15 continues to read as follows: reasonable in comparison with current IATTC or conservation measures Authority: 40 U.S.C. 121(c); 10 U.S.C. or recent prices for the same or similar adopted by WCPFC. chapter 137; and 51 U.S.C. 20113. items, adjusted to reflect changes in DATES: Comments on this advance 15.305 [Amended] market conditions, economic notice of proposed rulemaking must be conditions, quantities, or terms and submitted in writing by July 12, 2018. ■ 2. Amend section 15.305 by removing conditions under contracts that resulted ADDRESSES: You may submit comments from paragraph (a)(1) in the fourth from adequate price competition. on this document, identified by NOAA– sentence ‘‘(see 15.403–1(c)(1)(i)(B))’’ and (ii) For DoD, NASA, and the Coast adding ‘‘(see 15.403–1(c)(1)(i)(A)(2))’’ in NMFS–2018–0049, by any of the Guard, a price is based on adequate following methods: its place. price competition only if two or more ■ 3. Amend section 15.403–1 by— • Electronic submission: Submit all ■ a. Revising the heading of paragraph responsible offerors, competing electronic public comments via the (c); and independently, submit responsive and Federal e-Rulemaking Portal. Go to ■ b. Revising paragraph (c)(1) to read as viable offers. (10 U.S.C. www.regulations.gov/#!docketDetail;D= follows: 2306a(b)(1)(A)(i)). NOAA-NMFS-2018-0049, click the * * * * * ‘‘Comment Now!’’ icon, complete the 15.403–1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. 2306a and 41 15.404–1 [Amended] required fields, and enter or attach your U.S.C. chapter 35). comments. ■ 4. Amend section 15.404–1 by • Mail: Submit written comments to * * * * * removing from paragraph (b)(2)(i) ‘‘(see (c) Standards for exceptions from Michael D. Tosatto, Regional 15.403–1(c)(1)(i))’’ and adding ‘‘(see Administrator, NMFS, Pacific Islands certified cost or pricing data 15.403–1(c)(1)(i) and (ii))’’ in its place. requirements. Regional Office, 1845 Wasp Blvd., [FR Doc. 2018–12539 Filed 6–11–18; 8:45 am] Building 176, Honolulu, HI 96818. (1) Adequate price competition. (i) For agencies other than DoD, NASA, BILLING CODE 6820–EP–P • Fax: (808) 725–5215; Attn: Michael and the Coast Guard, a price is based on D. Tosatto, Regional Administrator, adequate price competition if— NMFS, Pacific Islands Regional Office. (A) Two or more responsible offerors, DEPARTMENT OF COMMERCE Instructions: Comments sent by any competing independently, submit other method, to any other address or National Oceanic and Atmospheric individual, or received after the end of priced offers that satisfy the Administration the comment period, might not be Government’s expressed requirement and if— considered by NMFS. All comments (1) Award will be made to the offeror 50 CFR Part 300 received are a part of the public record whose proposal represents the best [Docket No. 180202124–8124–01] and will generally be posted for public value (see 2.101) where price is a viewing on www.regulations.gov RIN 0648–BH59 without change. All personal identifying substantial factor in source selection; and information (e.g., name and address), International Fisheries; Eastern Pacific confidential business information, or (2) There is no finding that the price Tuna Fisheries; Western and Central of the otherwise successful offeror is otherwise sensitive information Pacific Fisheries for Highly Migratory submitted voluntarily by the sender will unreasonable. Any finding that the price Species; Area of Overlap Between the is unreasonable must be supported by a be publicly accessible. NMFS will Convention Areas of the Inter- accept anonymous comments (enter ‘‘N/ statement of the facts and approved at American Tropical Tuna Commission a level above the contracting officer; A’’ in the required fields if you wish to and the Western and Central Pacific remain anonymous). (B) There was a reasonable Fisheries Commission expectation, based on market research SUPPLEMENTARY INFORMATION: or other assessment, that two or more AGENCY: National Marine Fisheries responsible offerors, competing Background Service (NMFS), National Oceanic and independently, would submit priced Atmospheric Administration (NOAA), The United States is a member of both offers in response to the solicitation’s Commerce. the IATTC and WCPFC. The convention pmangrum on DSK30RV082PROD with PROPOSALS expressed requirement, even though ACTION: Advance notice of proposed areas for the IATTC and WCPFC overlap only one offer is received from a rulemaking; request for comments. in the Pacific Ocean waters within a responsible offeror and if— rectangular area bounded by 50° S (1) Based on the offer received, the SUMMARY: NMFS is considering whether latitude, 150° W longitude, 130° W contracting officer can reasonably to continue, or to revise, the longitude, and 4° S latitude (‘‘overlap conclude that the offer was submitted management regime for fishing vessels area’’). Historically, regulations with the expectation of competition, that target tuna and other highly implementing the conservation e.g., circumstances indicate that— migratory fish species (HMS) in the area measures adopted by the IATTC (see 50 VerDate Sep<11>2014 14:09 Jun 11, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1

27306 Federal Register / Vol. 83, No. 113 / Tuesday, June 12, 2018 / Proposed Rules CFR part 300, subpart C) and the eastern Pacific, including the overlap whether and, if so, how fishing effort by WCPFC (see 50 CFR part 300, subpart O) area. The AIDCP has not adopted a U.S. vessels fishing under the IATTC both applied to U.S. vessels fishing for decision that would allow the United and WCPFC convention areas has HMS in the overlap area. In 2012, the States to exempt vessels from AIDCP changed since the 2016 final rule was IATTC and the WCPFC adopted requirements even if only WCPFC issued and whether and how fishing recommendations/decisions that requirements apply in the overlap area. effort might change in the foreseeable provide that each member belonging to Before the 2016 final rule was issued, future. NMFS is interested in receiving both commissions is to decide, for a NMFS evaluated the expected impacts any information, including but not period of not less than 3 years, whether of the rule by reviewing fishing activity limited to the impacts of the 2016 final IATTC or WCPFC conservation and in the overlap area and concluded that rule on the fishing patterns of U.S.- management measures will apply to U.S. vessels did not often fish for HMS flagged fishing vessels, their costs of vessels of that member listed in both in the overlap area. The rule simplified fishing, the expected locations of fishing WCPFC Record of Fishing Vessels regulations for U.S. vessels fishing in grounds in the foreseeable future, (record) and IATTC Regional Vessel the area because, aside from the IATTC particularly with respect to the WCPO Register List (register) while fishing in Regional Vessel Register requirements, versus the EPO, and the expected costs the overlap area. affected vessels would be required to to U.S. fishing businesses of applying In accordance with the WCPFC follow only the measures of the WCPFC IATTC versus WCPFC management decision and IATTC recommendation rather than those of both the WCPFC measures to the overlap area. regarding the overlap area, NMFS issued and the IATTC. a final rule on April 26, 2016 (see 81 FR This advance notice of proposed Advance Notice of Proposed rulemaking solicits information from the 24501, effective May 26, 2016; hereafter Rulemaking public that would be useful in ‘‘2016 final rule’’), excluding the overlap area from the description of the NMFS implements decisions of the evaluating the effects of the IATTC IATTC Convention Area for the purpose WCPFC under the authority of the versus the WCPFC management of the regulations implementing Western and Central Pacific Fisheries measures for the overlap area. If conservation measures of the IATTC (50 Convention Implementation Act (16 warranted by the findings of this CFR part 300, subpart C), except that U.S.C. 6901 et seq.), and decisions of the examination, NMFS may propose re- IATTC Regional Vessel Register IATTC under the authority of the Tuna applying IATTC management measures regulations at 50 CFR 300.22(b) Conventions Act (16 U.S.C. 951 et seq.). in the overlap area while removing continue to apply in the overlap area. In the preamble to the 2016 final rule, WCPFC management measures. Under the 2016 final rule regulations NMFS indicated that within the next 3 Classification implementing conservation measures of years, it may reevaluate the spatial the WCPFC continue to apply in the distribution of fishing effort by U.S. This advance notice of proposed overlap area to vessels of all gear types fishing vessels fishing under the IATTC rulemaking has been determined to be listed in both WCPFC record and IATTC and WCPFC Conventions, especially not significant for the purposes of register. The requirement for U.S. with respect to the differences and Executive Order 12866. vessels that fish for tuna and other HMS similarities between fishing in the Authority: 16 U.S.C. 6901 et seq., 16 U.S.C. to be listed on the IATTC Regional eastern Pacific Ocean (EPO) and the 951 et seq. Vessel Register continues to apply in the western and central Pacific Ocean overlap area because the IATTC (WCPO). Dated: June 6, 2018. Regional Vessel Register is used to NMFS seeks to better understand the Samuel D. Rauch, III, implement the Agreement on the effects of the 2016 final rule and the Deputy Assistant Administrator for International Dolphin Conservation potential effects of applying the IATTC Regulatory Programs, National Marine Program (AIDCP), which is a separate versus the WCPFC management Fisheries Service. international agreement that applies to measures for the overlap area. NMFS is [FR Doc. 2018–12554 Filed 6–11–18; 8:45 am] purse seine vessels that fish in the interested in public comment on BILLING CODE 3510–22–P pmangrum on DSK30RV082PROD with PROPOSALS VerDate Sep<11>2014 14:09 Jun 11, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 9990 E:\FR\FM\12JNP1.SGM 12JNP1


Document Created: 2018-06-12 00:47:37
Document Modified: 2018-06-12 00:47:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking; request for comments.
DatesComments on this advance notice of proposed rulemaking must be submitted in writing by July 12, 2018.
FR Citation83 FR 27305 
RIN Number0648-BH59
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