83_FR_33986 83 FR 33848 - Pacific Island Pelagic Fisheries; False Killer Whale Take Reduction Plan; Closure of Southern Exclusion Zone

83 FR 33848 - Pacific Island Pelagic Fisheries; False Killer Whale Take Reduction Plan; Closure of Southern Exclusion Zone

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 138 (July 18, 2018)

Page Range33848-33851
FR Document2018-15332

NMFS is closing the Southern Exclusion Zone (SEZ) to deep-set longline fishing through December 31, 2018, for all vessels registered under the Hawaii longline limited access program, as a result of the fishery reaching the established annual trigger of two observed false killer whale mortalities or serious injuries (M&SI) in the fishery within the U.S. Exclusive Economic Zone (EEZ) around Hawaii. This action is necessary to comply with False Killer Whale Take Reduction Plan (Plan) regulations that establish the SEZ closure trigger and procedures to limit M&SI of false killer whales in the Hawaii deep-set longline fishery.

Federal Register, Volume 83 Issue 138 (Wednesday, July 18, 2018)
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33848-33851]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15332]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

RIN 0648-XG334


Pacific Island Pelagic Fisheries; False Killer Whale Take 
Reduction Plan; Closure of Southern Exclusion Zone

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

ACTION: Temporary rule; area closure; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS is closing the Southern Exclusion Zone (SEZ) to deep-set 
longline fishing through December 31, 2018, for all vessels registered 
under the Hawaii longline limited access program, as a result of the 
fishery reaching the established annual trigger of two observed false 
killer whale mortalities or serious injuries (M&SI) in the fishery

[[Page 33849]]

within the U.S. Exclusive Economic Zone (EEZ) around Hawaii. This 
action is necessary to comply with False Killer Whale Take Reduction 
Plan (Plan) regulations that establish the SEZ closure trigger and 
procedures to limit M&SI of false killer whales in the Hawaii deep-set 
longline fishery.

DATES: Effective July 24, 2018, through December 31, 2018.
    NMFS must receive comments by August 17, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0085, by either 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-2018-0085. 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 Region (PIR), attention 
Kevin Brindock, Protected Resources, 1845 Wasp Blvd., Bldg. 176, 
Honolulu, HI 96818.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. 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, address, etc.), 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).

FOR FURTHER INFORMATION CONTACT: Kevin Brindock, Protected Resources, 
NMFS Pacific Islands Regional Office, 808-725-5146, 
kevin.brindock@noaa.gov; or Kristy Long, NMFS Office of Protected 
Resources, 301-526-4792, kristy.long@noaa.gov.

SUPPLEMENTARY INFORMATION: The False Killer Whale Take Reduction Plan 
(Plan) was implemented on December 31, 2012, pursuant to section 118(f) 
of the Marine Mammal Protection Act (MMPA) to reduce the level of 
incidental M&SI of the Hawaii pelagic and Hawaii insular stocks of 
false killer whales in the Hawaii longline fisheries (77 FR 71260; 
November 29, 2012). The Plan, based on consensus recommendations from 
the False Killer Whale Take Reduction Team, included the creation of an 
SEZ that would be closed to deep-set longline fishing if a certain 
number (trigger) of false killer whale M&SI are observed in the deep-
set fishery in the EEZ. As described in the Plan regulations (50 CFR 
229.37(d)(2)), the SEZ is bounded on the east at 154[deg] 30' W 
longitude, on the west at 165[deg] W longitude, on the north by the 
boundaries of the Main Hawaiian Islands Longline Fishing Prohibited 
Area and Papahanaumokuakea Marine National Monument, and on the south 
by the EEZ boundary (see Fig. 1). The trigger for closing the SEZ is 
two observed false killer whale M&SI in the deep-set longline fishery.

BILLING CODE 3510-22-P

[[Page 33850]]

[GRAPHIC] [TIFF OMITTED] TR18JY18.006

BILLING CODE 3510-22-C
    NMFS-certified fishery observers documented a total of four false 
killer whales hooked and released injured during deep-set trips in the 
U.S. EEZ, one each on February 8, May 23, May 24, and June 3, 2018. 
NMFS followed the procedures outlined in the final rule and criteria in 
the NMFS process for distinguishing serious from non-serious injuries 
of marine mammals (NMFS Policy Directive PD 02-238 and NMFS Instruction 
02-238-01) to evaluate these injuries, and determined that all four 
were serious injuries. Therefore, NMFS has determined that the SEZ 
trigger (i.e., two M&SI) has been met, and closing the SEZ to deep-set 
longline fishing is required to comply with the Plan.
    In accordance with 50 CFR 229.37(e)(6), NMFS must publish 
notification that the SEZ will be closed to deep-set longline fishing 
beginning at a specified date, which is not earlier than 7 days and not 
later than 15 days after the date of filing the closure notice for 
public inspection at the Office of the Federal Register, until the end 
of the fishing year in which the trigger is reached. During the 
closure, it is prohibited to fish using deep-set longline gear in the 
SEZ.
    This document serves as advance notification to fishermen, the 
fishing industry, and the general public that the SEZ will be closed to 
deep-set longline fishing from July 24, 2018, through December 31, 
2018.
    NMFS will consider public comments on this temporary rule. NMFS 
must receive comments by the date provided in the DATES section, not 
postmarked or otherwise transmitted by this date.

Classification

    There is good cause to waive prior notice and an opportunity for 
public comment on this action pursuant to 5 U.S.C. 553(b)(B). Providing 
an opportunity for prior notice and comment would be contrary to the 
public interest because the SEZ closure has been triggered by a second 
observed serious injury and mortality, and immediate closure of the SEZ 
is necessary for the remainder of 2018 to prevent additional 
mortalities or serious injuries, which may have unsustainable impacts 
on the Hawaii pelagic stock of the false killer whale. Furthermore, 
prior notice and comment is unnecessary because the take reduction plan 
final rule (77 FR 71259, November 29, 2012) that implements the 
procedure for closing the SEZ (codified at 50 CFR 229.37(d)(2) and (e)) 
has already been subject to an extensive public process, including the 
opportunity for prior notice and comment. All that remains is to notify 
the public of the second observed mortality and serious injury of

[[Page 33851]]

a pelagic false killer whale resulting from commercial longline 
operations, and the longline closure of the SEZ for the remainder of 
the 2018 fishing year. Although this action is being implemented 
without the opportunity for prior notice and comment, NMFS is 
soliciting and will respond to public comments from those affected by 
or otherwise interested in this rule.
    The NOAA Assistant Administrator for Fisheries (AA) also finds good 
cause to waive the 30-day delay in the effectiveness of this action 
under 5 U.S.C. 553(d)(3). Failing to waive the 30-day delay in 
effectiveness would likely result in additional interactions and 
possible mortality and serious injuries to the Hawaii pelagic false 
killer whale stock. Under the MMPA, NMFS must reduce mortality and 
serious injury of marine mammal stocks protected by a take reduction 
plan regulations. This includes taking action to close the SEZ 
immediately upon a second observed mortality and serious injury 
resulting from commercial longlining in the EEZ. Accordingly, the SEZ 
closure must be implemented immediately to ensure compliance with the 
provisions of the MMPA and the take reduction plan regulations. 
Nevertheless, NMFS recognizes the need for fishermen to have time to 
haul their gear and relocate to areas outside of the SEZ; thus, NMFS 
makes this action effective 7 days after filing this document in the 
Federal Register.
    This action is required by 50 CFR 229.37(e)(3), and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1361 et seq.

    Dated: July 13, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-15332 Filed 7-17-18; 8:45 am]
 BILLING CODE 3510-22-P



                                           33848                Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations

                                             Dated: July 9, 2018.                                          PART 52—APPROVAL AND                                           ■  2. In § 52.1220, the table in paragraph
                                           Cathy Stepp,                                                    PROMULGATION OF                                                (d) is amended by revising the entry for
                                           Regional Administrator, Region 5.                               IMPLEMENTATION PLANS                                           ‘‘Flint Hills Resources Pine Bend, LLC’’
                                                                                                                                                                          to read as follows:
                                               40 CFR part 52 is amended as follows:                       ■ 1. The authority citation for part 52                        § 52.1220       Identification of plan.
                                                                                                           continues to read as follows:
                                                                                                                                                                          *       *    *            *        *
                                                                                                                Authority: 42 U.S.C. 7401 et seq.                             (d) * * *

                                                                                              EPA-APPROVED MINNESOTA SOURCE—SPECIFIC PERMITS
                                                                                                                      State
                                                      Name of source                        Permit No.               effective              EPA approval date                                      Comments
                                                                                                                       date


                                                      *                             *                           *                        *                    *                          *                     *
                                           Flint Hills Resources Pine                     03700011–101                 1/13/2017      7/18/2018, [Insert Federal          Only conditions cited as ‘‘Title I Condition: 40
                                              Bend, LLC..                                                                               Register citation].                CFR Section 50.4(SO2 SIP); Title I Condi-
                                                                                                                                                                           tion: 40 CFR 51; Title I Condition: 40 CFR
                                                                                                                                                                           pt. 52, subp. Y’’.

                                                       *                            *                           *                           *                        *                         *                           *



                                           *      *        *       *       *                               Commission decision is available for                                                    Channel No.
                                           [FR Doc. 2018–15253 Filed 7–17–18; 8:45 am]                     inspection and copying during normal
                                           BILLING CODE 6560–50–P                                          business hours in the FCC’s Reference
                                                                                                           Information Center at Portals II, CY–                              *            *             *            *        *
                                                                                                           A257, 445 12th Street SW, Washington,
                                                                                                           DC 20554. The full text is also available                                                Oklahoma
                                           FEDERAL COMMUNICATIONS
                                           COMMISSION                                                      online at http://apps.fcc.gov/ecfs/. This
                                                                                                           document does not contain information                            *           *              *               *        *
                                           47 CFR Part 73                                                  collection requirements subject to the                         Connerville ................................         247A
                                           [DA 18–699; MB Docket No. 18–43; RM–                            Paperwork Reduction Act of 1995,
                                           11797]                                                          Public Law 104–13. The Commission                                  *            *             *            *        *
                                                                                                           will send a copy of the Report and
                                           Radio Broadcasting Services;                                    Order in a report to be sent to Congress                       *       *        *        *        *
                                           Connerville, Oklahoma                                           and the Government Accountability                              [FR Doc. 2018–15309 Filed 7–17–18; 8:45 am]
                                                                                                           Office pursuant to the Congressional                           BILLING CODE 6712–01–P
                                           AGENCY:  Federal Communications                                 Review Act, see 5 U.S.C. 801(a)(1)(A).
                                           Commission.
                                           ACTION: Final rule.                                             List of Subjects in 47 CFR Part 73
                                                                                                                                                                          DEPARTMENT OF COMMERCE
                                           SUMMARY:   At the request of The                                     Radio, Radio broadcasting.
                                                                                                                                                                          National Oceanic and Atmospheric
                                           Chickasaw Nation, the Audio Division                              Federal Communications Commission.
                                                                                                                                                                          Administration
                                           amends the FM Table of Allotments by                            Nazifa Sawez,
                                           allotting FM Channel 247A at                                    Assistant Chief, Audio Division, Media                         50 CFR Part 229
                                           Connerville, Oklahoma, as a Tribal                              Bureau.
                                           Allotment and a first local Tribal-owned                                                                                       RIN 0648–XG334
                                           service to the community. A staff                                 For the reasons discussed in the
                                           engineering analysis indicates that                             preamble, the Federal Communications                           Pacific Island Pelagic Fisheries; False
                                           Channel 247A can be allotted at                                 Commission amends 47 CFR part 73 as                            Killer Whale Take Reduction Plan;
                                           Connerville, Oklahoma, as proposed,                             follows:                                                       Closure of Southern Exclusion Zone
                                           consistent with the minimum distance                                                                                           AGENCY:  National Marine Fisheries
                                           separation requirements of the                                  PART 73—RADIO BROADCAST
                                                                                                           SERVICES                                                       Service (NMFS), National Oceanic and
                                           Commission’s rules with a site                                                                                                 Atmospheric Administration (NOAA),
                                           restriction 9.40 km (5.84 miles)                                                                                               Commerce.
                                           southwest of the community. The                                 ■ 1. The authority citation for part 73
                                                                                                           continues to read as follows:                                  ACTION: Temporary rule; area closure;
                                           reference coordinates are 34–25–00 NL
                                           and 96–43–53 WL.                                                  Authority: 47 U.S.C. 154, 303, 309, 310,
                                                                                                                                                                          request for comments.
                                           DATES: Effective August 20, 2018.                               334, 336, and 339.
                                                                                                                                                                          SUMMARY:    NMFS is closing the Southern
                                           FOR FURTHER INFORMATION CONTACT:                                ■ 2. In § 73.202(b), the table is amended                      Exclusion Zone (SEZ) to deep-set
                                           Adrienne Y. Denysyk, Media Bureau,                              under Oklahoma by adding Connerville,                          longline fishing through December 31,
amozie on DSK3GDR082PROD with RULES




                                           (202) 418–2700.                                                 Channel 247A, in alphabetical order to                         2018, for all vessels registered under the
                                           SUPPLEMENTARY INFORMATION: This is a                            read as follows:                                               Hawaii longline limited access program,
                                           synopsis of the Commission’s Report                                                                                            as a result of the fishery reaching the
                                                                                                           § 73.202       Table of Allotments.                            established annual trigger of two
                                           and Order, MB Docket No. 18–43,
                                           adopted July 5, 2018, and released July                         *        *    *           *           *                        observed false killer whale mortalities
                                           6, 2018. The full text of this                                       (b) * * *                                                 or serious injuries (M&SI) in the fishery


                                      VerDate Sep<11>2014      17:26 Jul 17, 2018       Jkt 244001   PO 00000       Frm 00054    Fmt 4700       Sfmt 4700   E:\FR\FM\18JYR1.SGM   18JYR1


                                                             Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations                                        33849

                                           within the U.S. Exclusive Economic                       Protected Resources, 1845 Wasp Blvd.,                 2012, pursuant to section 118(f) of the
                                           Zone (EEZ) around Hawaii. This action                    Bldg. 176, Honolulu, HI 96818.                        Marine Mammal Protection Act
                                           is necessary to comply with False Killer                    Instructions: NMFS may not consider                (MMPA) to reduce the level of
                                           Whale Take Reduction Plan (Plan)                         comments sent by any other method, to                 incidental M&SI of the Hawaii pelagic
                                           regulations that establish the SEZ                       any other address or individual, or                   and Hawaii insular stocks of false killer
                                           closure trigger and procedures to limit                  received after the end of the comment                 whales in the Hawaii longline fisheries
                                           M&SI of false killer whales in the                       period. All comments received are a                   (77 FR 71260; November 29, 2012). The
                                           Hawaii deep-set longline fishery.                        part of the public record and will                    Plan, based on consensus
                                           DATES:Effective July 24, 2018, through                   generally be posted for public viewing                recommendations from the False Killer
                                                                                                    on www.regulations.gov without change.                Whale Take Reduction Team, included
                                           December 31, 2018.
                                                                                                    All personal identifying information                  the creation of an SEZ that would be
                                             NMFS must receive comments by                          (e.g., name, address, etc.), confidential
                                           August 17, 2018.                                                                                               closed to deep-set longline fishing if a
                                                                                                    business information, or otherwise
                                                                                                                                                          certain number (trigger) of false killer
                                           ADDRESSES:  You may submit comments                      sensitive information submitted
                                                                                                                                                          whale M&SI are observed in the deep-
                                           on this document, identified by NOAA–                    voluntarily by the sender will be
                                           NMFS–2018–0085, by either of the                                                                               set fishery in the EEZ. As described in
                                                                                                    publicly accessible. NMFS will accept
                                           following methods:                                       anonymous comments (enter ‘‘N/A’’ in                  the Plan regulations (50 CFR
                                                                                                                                                          229.37(d)(2)), the SEZ is bounded on the
                                             • Electronic Submission: Submit all                    the required fields if you wish to remain
                                                                                                    anonymous).                                           east at 154° 30′ W longitude, on the west
                                           electronic public comments via the
                                                                                                                                                          at 165° W longitude, on the north by the
                                           Federal e-Rulemaking Portal. Go to                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                          boundaries of the Main Hawaiian
                                           www.regulations.gov/                                     Kevin Brindock, Protected Resources,
                                                                                                                                                          Islands Longline Fishing Prohibited
                                           #!docketDetail;D=NOAA-NMFS-2018-                         NMFS Pacific Islands Regional Office,
                                                                                                    808–725–5146, kevin.brindock@                         Area and Papahanaumokuakea Marine
                                           0085. Click the ‘‘Comment Now’’ icon,
                                           complete the required fields, and enter                  noaa.gov; or Kristy Long, NMFS Office                 National Monument, and on the south
                                           or attach your comments.                                 of Protected Resources, 301–526–4792,                 by the EEZ boundary (see Fig. 1). The
                                                                                                                                                          trigger for closing the SEZ is two
                                             • Mail: Submit written comments to                     kristy.long@noaa.gov.
                                                                                                                                                          observed false killer whale M&SI in the
                                           Michael D. Tosatto, Regional                             SUPPLEMENTARY INFORMATION: The False
                                                                                                                                                          deep-set longline fishery.
                                           Administrator, NMFS Pacific Islands                      Killer Whale Take Reduction Plan (Plan)
                                           Region (PIR), attention Kevin Brindock,                  was implemented on December 31,                       BILLING CODE 3510–22–P
amozie on DSK3GDR082PROD with RULES




                                      VerDate Sep<11>2014   17:26 Jul 17, 2018   Jkt 244001   PO 00000   Frm 00055   Fmt 4700   Sfmt 4700   E:\FR\FM\18JYR1.SGM   18JYR1


                                           33850             Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations




                                           BILLING CODE 3510–22–C                                   than 7 days and not later than 15 days                U.S.C. 553(b)(B). Providing an
                                              NMFS-certified fishery observers                      after the date of filing the closure notice           opportunity for prior notice and
                                           documented a total of four false killer                  for public inspection at the Office of the            comment would be contrary to the
                                           whales hooked and released injured                       Federal Register, until the end of the                public interest because the SEZ closure
                                           during deep-set trips in the U.S. EEZ,                   fishing year in which the trigger is                  has been triggered by a second observed
                                           one each on February 8, May 23, May                      reached. During the closure, it is                    serious injury and mortality, and
                                           24, and June 3, 2018. NMFS followed                      prohibited to fish using deep-set                     immediate closure of the SEZ is
                                           the procedures outlined in the final rule                longline gear in the SEZ.
                                           and criteria in the NMFS process for                                                                           necessary for the remainder of 2018 to
                                                                                                       This document serves as advance                    prevent additional mortalities or serious
                                           distinguishing serious from non-serious                  notification to fishermen, the fishing
                                           injuries of marine mammals (NMFS                                                                               injuries, which may have unsustainable
                                                                                                    industry, and the general public that the             impacts on the Hawaii pelagic stock of
                                           Policy Directive PD 02–238 and NMFS                      SEZ will be closed to deep-set longline
                                           Instruction 02–238–01) to evaluate these                                                                       the false killer whale. Furthermore,
                                                                                                    fishing from July 24, 2018, through
                                           injuries, and determined that all four                                                                         prior notice and comment is
                                                                                                    December 31, 2018.
                                           were serious injuries. Therefore, NMFS                      NMFS will consider public comments                 unnecessary because the take reduction
                                           has determined that the SEZ trigger (i.e.,               on this temporary rule. NMFS must                     plan final rule (77 FR 71259, November
                                           two M&SI) has been met, and closing                      receive comments by the date provided                 29, 2012) that implements the procedure
                                           the SEZ to deep-set longline fishing is                                                                        for closing the SEZ (codified at 50 CFR
amozie on DSK3GDR082PROD with RULES




                                                                                                    in the DATES section, not postmarked or
                                           required to comply with the Plan.                        otherwise transmitted by this date.                   229.37(d)(2) and (e)) has already been
                                              In accordance with 50 CFR                                                                                   subject to an extensive public process,
                                           229.37(e)(6), NMFS must publish                          Classification                                        including the opportunity for prior
                                           notification that the SEZ will be closed                   There is good cause to waive prior                  notice and comment. All that remains is
                                           to deep-set longline fishing beginning at                notice and an opportunity for public                  to notify the public of the second
                                           a specified date, which is not earlier                   comment on this action pursuant to 5                  observed mortality and serious injury of
                                                                                                                                                                                                      ER18JY18.006</GPH>




                                      VerDate Sep<11>2014   17:26 Jul 17, 2018   Jkt 244001   PO 00000   Frm 00056   Fmt 4700   Sfmt 4700   E:\FR\FM\18JYR1.SGM   18JYR1


                                                             Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations                                         33851

                                           a pelagic false killer whale resulting                   DEPARTMENT OF COMMERCE                                   Compliance dates: The compliance
                                           from commercial longline operations,                                                                           date for the amendment to 50 CFR
                                           and the longline closure of the SEZ for                  National Oceanic and Atmospheric                      300.223(b), the FAD prohibition period,
                                           the remainder of the 2018 fishing year.                  Administration                                        is July 18, 2018. The compliance date
                                           Although this action is being                                                                                  for the amendment to 50 CFR 300.225,
                                           implemented without the opportunity                      50 CFR Part 300                                       the EHSSMA transshipment
                                           for prior notice and comment, NMFS is                                                                          prohibition, is January 1, 2019.
                                                                                                    [Docket No. 180209155–8589–02]                        ADDRESSES: Copies of supporting
                                           soliciting and will respond to public
                                           comments from those affected by or                                                                             documents prepared for this final rule,
                                                                                                    RIN 0648–BH77
                                           otherwise interested in this rule.                                                                             including the regulatory impact review
                                                                                                    International Fisheries; Western and                  (RIR), the 2015 programmatic
                                              The NOAA Assistant Administrator                                                                            environmental assessment (PEA), the
                                           for Fisheries (AA) also finds good cause                 Central Pacific Fisheries for Highly
                                                                                                    Migratory Species; Fishing Limits in                  2012 environmental assessment, and
                                           to waive the 30-day delay in the                                                                               supplemental information report (SIR)
                                           effectiveness of this action under 5                     Purse Seine and Longline Fisheries,
                                                                                                    Restrictions on the Use of Fish                       prepared for National Environmental
                                           U.S.C. 553(d)(3). Failing to waive the                                                                         Policy Act (NEPA) purposes, as well as
                                           30-day delay in effectiveness would                      Aggregating Devices in Purse Seine
                                                                                                    Fisheries, and Transshipment                          the proposed rule (83 FR 21748; May 10,
                                           likely result in additional interactions                                                                       2018), are available via the Federal
                                                                                                    Prohibitions
                                           and possible mortality and serious                                                                             e-rulemaking Portal, at
                                           injuries to the Hawaii pelagic false killer              AGENCY:  National Marine Fisheries                    www.regulations.gov (search for Docket
                                           whale stock. Under the MMPA, NMFS                        Service (NMFS), National Oceanic and                  ID NOAA–NMFS–2018–0050). Those
                                           must reduce mortality and serious                        Atmospheric Administration (NOAA),                    documents are also available from
                                           injury of marine mammal stocks                           Commerce.                                             NMFS at the following address: Michael
                                           protected by a take reduction plan                       ACTION: Final rule.                                   D. Tosatto, Regional Administrator,
                                           regulations. This includes taking action                                                                       NMFS, Pacific Islands Regional Office
                                           to close the SEZ immediately upon a                      SUMMARY:   Under authority of the                     (PIRO), 1845 Wasp Blvd., Building 176,
                                           second observed mortality and serious                    Western and Central Pacific Fisheries                 Honolulu, HI 96818.
                                           injury resulting from commercial                         Convention Implementation Act                            A final regulatory flexibility analysis
                                           longlining in the EEZ. Accordingly, the                  (WCPFC Implementation Act), NMFS                      (FRFA) prepared under authority of the
                                           SEZ closure must be implemented                          issues this final rule that establishes               Regulatory Flexibility Act is included in
                                                                                                    limits on fishing effort by U.S. purse                the Classification section of the
                                           immediately to ensure compliance with
                                                                                                    seine vessels in the U.S. exclusive                   SUPPLEMENTARY INFORMATION section of
                                           the provisions of the MMPA and the
                                                                                                    economic zone and on the high seas                    this document.
                                           take reduction plan regulations.
                                                                                                    between the latitudes of 20° N and 20°                FOR FURTHER INFORMATION CONTACT: Rini
                                           Nevertheless, NMFS recognizes the                        S in the area of application of the                   Ghosh, NMFS PIRO, 808–725–5033.
                                           need for fishermen to have time to haul                  Convention on the Conservation and                    SUPPLEMENTARY INFORMATION: On May
                                           their gear and relocate to areas outside                 Management of Highly Migratory Fish
                                           of the SEZ; thus, NMFS makes this                                                                              10, 2018, NMFS published a proposed
                                                                                                    Stocks in the Western and Central                     rule in the Federal Register (83 FR
                                           action effective 7 days after filing this                Pacific Ocean (Convention); restrictions              21748). The proposed rule was open for
                                           document in the Federal Register.                        regarding the use of fish aggregating                 public comment until May 25, 2018.
                                              This action is required by 50 CFR                     devices (FADs) for U.S. purse seine                      This final rule is issued under the
                                           229.37(e)(3), and is exempt from review                  fishing vessels; limits on the catches of             authority of the Western and Central
                                           under Executive Order 12866.                             bigeye tuna by U.S. longline vessels in               Pacific Fisheries Convention
                                                                                                    the Convention area; prohibitions on                  Implementation Act (WCPFC
                                              Authority: 16 U.S.C. 1361 et seq.
                                                                                                    U.S. vessels used to fish for highly                  Implementation Act) (16 U.S.C. 6901 et
                                             Dated: July 13, 2018.                                  migratory species from engaging in                    seq.), which authorizes the Secretary of
                                           Samuel D. Rauch, III,                                    transshipment in a particular area of the             Commerce, in consultation with the
                                           Deputy Assistant Administrator for                       high seas (the Eastern High Seas Special              Secretary of State and the Secretary of
                                           Regulatory Programs, National Marine                     Management Area or EHSSMA); and                       the Department in which the United
                                           Fisheries Service.                                       removal of existing reporting                         States Coast Guard is operating
                                           [FR Doc. 2018–15332 Filed 7–17–18; 8:45 am]              requirements for vessels transiting the               (currently the Department of Homeland
                                           BILLING CODE 3510–22–P
                                                                                                    EHSSMA. The rule also makes                           Security), to promulgate such
                                                                                                    corrections to outdated cross references              regulations as may be necessary to carry
                                                                                                    in existing regulatory text. This action is           out the obligations of the United States
                                                                                                    necessary to satisfy the obligations of               under the Convention, including the
                                                                                                    the United States under the Convention,               decisions of the Commission for the
                                                                                                    to which it is a Contracting Party.                   Conservation and Management of
                                                                                                    DATES: This rule is effective on July 18,             Highly Migratory Fish Stocks in the
                                                                                                    2018, except for the revised reporting                Western and Central Pacific Ocean
                                                                                                    requirements in 50 CFR 300.218(g),                    (WCPFC or Commission). The WCPFC
                                                                                                    which contains information collection                 Implementation Act further provides
                                                                                                    requirements that have not been                       that the Secretary of Commerce shall
amozie on DSK3GDR082PROD with RULES




                                                                                                    approved by the Office of Management                  ensure consistency, to the extent
                                                                                                    and Budget (OMB). NOAA will publish                   practicable, of fishery management
                                                                                                    a document in the Federal Register                    programs administered under the
                                                                                                    announcing the effective date for the                 WCPFC Implementation Act and the
                                                                                                    revised reporting requirements upon                   Magnuson-Stevens Fishery
                                                                                                    OMB approval.                                         Conservation and Management Act


                                      VerDate Sep<11>2014   17:26 Jul 17, 2018   Jkt 244001   PO 00000   Frm 00057   Fmt 4700   Sfmt 4700   E:\FR\FM\18JYR1.SGM   18JYR1



Document Created: 2018-11-06 10:24:56
Document Modified: 2018-11-06 10:24:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; area closure; request for comments.
DatesEffective July 24, 2018, through December 31, 2018.
ContactKevin Brindock, Protected Resources, NMFS Pacific Islands Regional Office, 808-725-5146, [email protected]; or Kristy Long, NMFS Office of Protected Resources, 301-526-4792, [email protected]
FR Citation83 FR 33848 
RIN Number0648-XG33

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR