83_FR_46025 83 FR 45849 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Closure of Purse Seine Fishery on the High Seas in 2018

83 FR 45849 - International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Closure of Purse Seine Fishery on the High Seas in 2018

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45849-45850
FR Document2018-19710

NMFS announces that the U.S. purse seine fishery on the high seas in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention) between the latitudes of 20[deg] N and 20[deg] S will close as a result of reaching the 2018 limit on purse seine fishing effort in that area. This action is necessary for the United States to implement provisions of a conservation and management measure adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy the obligations of the United States under the Convention, to which it is a Contracting Party.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018) 
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Rules and Regulations]
[Pages 45849-45850]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19710]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180209155-8589-02]
RIN 0648-XG458


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Closure of Purse Seine Fishery on the 
High Seas in 2018

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

ACTION: Temporary rule; fishery closure.

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SUMMARY: NMFS announces that the U.S. purse seine fishery on the high 
seas in the area of application of the Convention on the Conservation 
and Management of Highly Migratory Fish Stocks in the Western and 
Central Pacific Ocean (Convention) between the latitudes of 20[deg] N 
and 20[deg] S will close as a result of reaching the 2018 limit on 
purse seine fishing effort in that area. This action is necessary for 
the United States to implement provisions of a conservation and 
management measure adopted by the Commission for the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean (WCPFC or Commission) and to satisfy the obligations of 
the United States under the Convention, to which it is a Contracting 
Party.

DATES: Effective 00:00 on September 18, 2018 coordinated universal time 
(UTC), until 24:00 on December 31, 2018 UTC.

FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS Pacific Islands 
Regional Office, 808-725-5033.

SUPPLEMENTARY INFORMATION:
    U.S. purse seine fishing in the area of application of the 
Convention, or Convention Area, is managed, in part, under the Western 
and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 
6901 et seq.). Regulations implementing the Act are at 50 CFR part 300, 
subpart O. On behalf of the Secretary of Commerce, NMFS promulgates 
regulations under the Act as may be necessary to carry out the 
obligations of the United States under the Convention, including 
implementation of the decisions of the Commission.
    Pursuant to WCPFC Conservation and Management Measure 2017-01, NMFS 
issued regulations that established a limit of 1,370 fishing days that 
may be used by U.S. purse seine fishing vessels on the high seas 
between the latitudes of 20[deg] N and 20[deg] S in the Convention Area 
in calendar year 2018 (see final rule at 83 FR 33851, published July 
18, 2018, codified at 50 CFR 300.223). A fishing day means any day in 
which a fishing vessel of the United States equipped with purse seine 
gear searches for fish, deploys a fish aggregating device (FAD), 
services a FAD, or sets a purse seine, with the exception of setting a 
purse seine solely for the purpose of testing or cleaning the gear and 
resulting in no catch (see definition at 50 CFR 300.211).
    Based on data submitted in logbooks and other available 
information, NMFS expects that the 2018 limit of 1,370 fishing days 
will be reached, and in accordance with the procedures established at 
50 CFR 300.223(a), announces that the purse seine fishery on the high 
seas between the latitudes of 20[deg] N and 20[deg] S in the Convention 
Area will be closed starting at 00:00 on September 18, 2018 UTC, and 
will remain closed until 24:00 on December 31, 2018 UTC. Accordingly, 
it shall be prohibited for any fishing vessel of the United States 
equipped with purse seine gear to be used for fishing on the high seas 
between the latitudes of 20[deg] N and 20[deg] S in the Convention Area 
from 00:00 on September 18, 2018 UTC until 24:00 December 31, 2018 UTC, 
except that such vessels will not be prohibited from bunkering in that 
area during that period (50 CFR 300.223(a)). Fishing means using any 
vessel, vehicle, aircraft or hovercraft for any of the following 
activities, or attempting to do so: (1) Searching for, catching, 
taking, or harvesting fish; (2) engaging in any other activity which 
can reasonably be expected to result in the locating, catching, taking, 
or harvesting of fish for any purpose; (3) placing, searching for, or 
recovering fish aggregating devices or associated electronic equipment 
such as radio beacons; (4) engaging in any operations at sea directly 
in support of, or in preparation for, any of the activities previously 
described in elements (1) through (3) of this definition, including, 
but not limited to, bunkering; or (5) engaging in transshipment at sea, 
either unloading or loading fish (see definition at 50 CFR 300.211). As 
noted above, bunkering will not be prohibited in the closure area 
during the closure period. This rule does not prohibit lawful fishing 
with purse seine gear within the U.S. Exclusive Economic Zone within 
the Convention Area.

Classification

    There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice 
and

[[Page 45850]]

opportunity for public comment on this action. Compliance with the 
notice and comment requirement would be impracticable and contrary to 
the public interest, since NMFS would be unable to ensure that the 2018 
limit on purse seine fishing effort on the high seas between the 
latitudes of 20[deg] N and 20[deg] S in the Convention Area is not 
exceeded. This action is based on the best available information on 
U.S. purse seine fishing effort in the limit area. The action is 
necessary for the United States to comply with its obligations under 
the Convention and is important for the conservation and management of 
bigeye tuna, yellowfin tuna, and skipjack tuna in the western and 
central Pacific Ocean. For the same reasons, there is good cause under 
5 U.S.C. 553(d)(3) to establish an effective date less than 30 days 
after the date of publication of this notice.
    This action is required by 50 CFR 300.223(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: September 6, 2018.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-19710 Filed 9-10-18; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations 45849 This action does not involve any DEPARTMENT OF COMMERCE on the high seas between the latitudes technical standards that would require of 20° N and 20° S in the Convention Agency consideration of voluntary National Oceanic and Atmospheric Area in calendar year 2018 (see final consensus standards pursuant to section Administration rule at 83 FR 33851, published July 18, 12(d) of the National Technology 2018, codified at 50 CFR 300.223). A Transfer and Advancement Act 50 CFR Part 300 fishing day means any day in which a (NTTAA) (15 U.S.C. 272 note). [Docket No. 180209155–8589–02] fishing vessel of the United States equipped with purse seine gear searches VII. Congressional Review Act RIN 0648–XG458 for fish, deploys a fish aggregating device (FAD), services a FAD, or sets a Pursuant to the Congressional Review International Fisheries; Western and purse seine, with the exception of Act (5 U.S.C. 801 et seq.), EPA will Central Pacific Fisheries for Highly setting a purse seine solely for the submit a report containing this rule and Migratory Species; Closure of Purse purpose of testing or cleaning the gear other required information to the U.S. Seine Fishery on the High Seas in 2018 and resulting in no catch (see definition Senate, the U.S. House of AGENCY: National Marine Fisheries at 50 CFR 300.211). Representatives, and the Comptroller Service (NMFS), National Oceanic and Based on data submitted in logbooks General of the United States prior to Atmospheric Administration (NOAA), and other available information, NMFS publication of the rule in the Federal Commerce. expects that the 2018 limit of 1,370 Register. This action is not a ‘‘major fishing days will be reached, and in ACTION: Temporary rule; fishery closure. rule’’ as defined by 5 U.S.C. 804(2). accordance with the procedures NMFS announces that the SUMMARY: established at 50 CFR 300.223(a), List of Subjects in 40 CFR Part 180 U.S. purse seine fishery on the high seas announces that the purse seine fishery in the area of application of the on the high seas between the latitudes Environmental protection, Convention on the Conservation and of 20° N and 20° S in the Convention Administrative practice and procedure, Area will be closed starting at 00:00 on Agricultural commodities, Pesticides Management of Highly Migratory Fish September 18, 2018 UTC, and will and pests, Reporting and recordkeeping Stocks in the Western and Central remain closed until 24:00 on December Pacific Ocean (Convention) between the requirements. 31, 2018 UTC. Accordingly, it shall be latitudes of 20° N and 20° S will close Dated: August 28, 2018. as a result of reaching the 2018 limit on prohibited for any fishing vessel of the purse seine fishing effort in that area. United States equipped with purse seine Michael Goodis, This action is necessary for the United gear to be used for fishing on the high Director, Registration Division, Office of seas between the latitudes of 20° N and Pesticide Programs. States to implement provisions of a conservation and management measure 20° S in the Convention Area from 00:00 Therefore, 40 CFR chapter I is adopted by the Commission for the on September 18, 2018 UTC until 24:00 amended as follows: Conservation and Management of December 31, 2018 UTC, except that Highly Migratory Fish Stocks in the such vessels will not be prohibited from Western and Central Pacific Ocean bunkering in that area during that PART 180—[AMENDED] (WCPFC or Commission) and to satisfy period (50 CFR 300.223(a)). Fishing the obligations of the United States means using any vessel, vehicle, aircraft ■ 1. The authority citation for part 180 or hovercraft for any of the following continues to read as follows: under the Convention, to which it is a Contracting Party. activities, or attempting to do so: (1) Authority: 21 U.S.C. 321(q), 346a and 371. Searching for, catching, taking, or DATES: Effective 00:00 on September 18, harvesting fish; (2) engaging in any 2018 coordinated universal time (UTC), ■ 2. In § 180.607, add alphabetically the other activity which can reasonably be until 24:00 on December 31, 2018 UTC. expected to result in the locating, commodity ‘‘coffee, green bean’’ and FOR FURTHER INFORMATION CONTACT: Rini catching, taking, or harvesting of fish for footnote 1 to the table in paragraph Ghosh, NMFS Pacific Islands Regional any purpose; (3) placing, searching for, (a)(1) to read as follows: Office, 808–725–5033. or recovering fish aggregating devices or § 180.607 Spiromesifen; tolerances for SUPPLEMENTARY INFORMATION: associated electronic equipment such as residues. U.S. purse seine fishing in the area of radio beacons; (4) engaging in any application of the Convention, or operations at sea directly in support of, (a) * * * Convention Area, is managed, in part, or in preparation for, any of the (1) * * * under the Western and Central Pacific activities previously described in Fisheries Convention Implementation elements (1) through (3) of this Commodity Parts per Act (16 U.S.C. 6901 et seq.). Regulations definition, including, but not limited to, million implementing the Act are at 50 CFR part bunkering; or (5) engaging in 300, subpart O. On behalf of the transshipment at sea, either unloading Secretary of Commerce, NMFS or loading fish (see definition at 50 CFR * * * * * promulgates regulations under the Act 1 300.211). As noted above, bunkering Coffee, green bean ................. 0.20 as may be necessary to carry out the will not be prohibited in the closure obligations of the United States under area during the closure period. This rule * * * * * the Convention, including does not prohibit lawful fishing with daltland on DSKBBV9HB2PROD with RULES 1 This use has not been registered in the implementation of the decisions of the purse seine gear within the U.S. United States as of August 28, 2018. Commission. Exclusive Economic Zone within the Pursuant to WCPFC Conservation and Convention Area. * * * * * Management Measure 2017–01, NMFS [FR Doc. 2018–19760 Filed 9–10–18; 8:45 am] issued regulations that established a Classification BILLING CODE 6560–50–P limit of 1,370 fishing days that may be There is good cause under 5 U.S.C. used by U.S. purse seine fishing vessels 553(b)(B) to waive prior notice and VerDate Sep<11>2014 16:11 Sep 10, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\11SER1.SGM 11SER1

45850 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Rules and Regulations opportunity for public comment on this action is necessary for the United States This action is required by 50 CFR action. Compliance with the notice and to comply with its obligations under the 300.223(a) and is exempt from review comment requirement would be Convention and is important for the under Executive Order 12866. impracticable and contrary to the public conservation and management of bigeye Authority: 16 U.S.C. 6901 et seq. interest, since NMFS would be unable tuna, yellowfin tuna, and skipjack tuna to ensure that the 2018 limit on purse in the western and central Pacific Dated: September 6, 2018. seine fishing effort on the high seas Ocean. For the same reasons, there is Margo Schulze-Haugen, between the latitudes of 20° N and 20° good cause under 5 U.S.C. 553(d)(3) to Acting Director, Office of Sustainable S in the Convention Area is not establish an effective date less than 30 Fisheries, National Marine Fisheries Service. exceeded. This action is based on the days after the date of publication of this [FR Doc. 2018–19710 Filed 9–10–18; 8:45 am] best available information on U.S. purse notice. BILLING CODE 3510–22–P seine fishing effort in the limit area. The daltland on DSKBBV9HB2PROD with RULES VerDate Sep<11>2014 16:11 Sep 10, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4700 Sfmt 9990 E:\FR\FM\11SER1.SGM 11SER1


Document Created: 2018-09-11 01:02:11
Document Modified: 2018-09-11 01:02:11
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; fishery closure.
DatesEffective 00:00 on September 18, 2018 coordinated universal time (UTC), until 24:00 on December 31, 2018 UTC.
ContactRini Ghosh, NMFS Pacific Islands Regional Office, 808-725-5033.
FR Citation83 FR 45849 
RIN Number0648-XG45
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