83_FR_62966 83 FR 62732 - International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Fish Aggregating Devices in the Eastern Pacific Ocean

83 FR 62732 - International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Fish Aggregating Devices in the Eastern Pacific Ocean

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range62732-62735
FR Document2018-26387

NMFS is issuing regulations under the Tuna Conventions Act to implement Resolution C-18-05 (Amendment of Resolution C-16-01 on the Collection and Analysis of Data on Fish-Aggregating Devices), which was adopted at the 93rd Meeting of the Inter-American Tropical Tuna Commission (IATTC) in August 2018. The Resolution includes construction standards for fish aggregating devices (FADs) intended to reduce entanglements of marine life when fishing for tropical tuna (i.e., bigeye tuna (Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna (Katsuwonus pelamis)) in the eastern Pacific Ocean (EPO). This final rule will revise the existing regulations for consistency with the new Resolution. In addition, this rule revises the definition of ``Active FAD'' and regulations related to activating FADs at sea that were codified in the April 2018 rule. This final rule is necessary for the conservation of living marine resources in the EPO and for the United States to satisfy its obligations as a member of the IATTC.

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018)
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Rules and Regulations]
[Pages 62732-62735]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26387]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180716668-8668-01]
RIN 0648-BI37


International Fisheries; Pacific Tuna Fisheries; Fishing 
Restrictions for Fish Aggregating Devices in the Eastern Pacific Ocean

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

ACTION: Final rule.

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

SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act to 
implement Resolution C-18-05 (Amendment of Resolution C-16-01 on the 
Collection and Analysis of Data on

[[Page 62733]]

Fish-Aggregating Devices), which was adopted at the 93rd Meeting of the 
Inter-American Tropical Tuna Commission (IATTC) in August 2018. The 
Resolution includes construction standards for fish aggregating devices 
(FADs) intended to reduce entanglements of marine life when fishing for 
tropical tuna (i.e., bigeye tuna (Thunnus obesus), yellowfin tuna 
(Thunnus albacares), and skipjack tuna (Katsuwonus pelamis)) in the 
eastern Pacific Ocean (EPO). This final rule will revise the existing 
regulations for consistency with the new Resolution. In addition, this 
rule revises the definition of ``Active FAD'' and regulations related 
to activating FADs at sea that were codified in the April 2018 rule. 
This final rule is necessary for the conservation of living marine 
resources in the EPO and for the United States to satisfy its 
obligations as a member of the IATTC.

DATES: This rule is effective January 7, 2019.

ADDRESSES: Copies of the Regulatory Impact Review, and other supporting 
documents are available via the Federal eRulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2018-0124, or by contacting the 
Highly Migratory Species Branch Chief, Heidi Taylor, 501 W. Ocean 
Blvd., Suite 4200, Long Beach, CA 90208, [email protected].

FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS at 562-980-
4036.

SUPPLEMENTARY INFORMATION: 

Background

    The final rule is implemented under the Tuna Conventions Act (16 
U.S.C. 951 et seq.). This final rule applies to U.S. purse seine 
vessels fishing for tropical tunas in the IATTC Convention Area. The 
IATTC Convention Area is defined as waters of the EPO bounded by the 
west coast of the Americas and by 50[deg] N latitude, 150[deg] W 
longitude, and 50[deg] S latitude.

Changes From Final Rule Published in April 2018

    Resolution C-18-05 imposes new restrictions on FAD design 
standards. NMFS implemented FAD construction standards adopted by the 
IATTC in a final rule published on April 11, 2018, in the Federal 
Register (83 FR 15503) which implemented Resolution C-17-02 
(Conservation Measures for Tropical Tunas in the Eastern Pacific Ocean 
During 2018-2020 and Amendment to Resolution C-17-01). These 
regulations are set to become effective January 1, 2019.
    Although Resolution C-17-02 included broadly worded restrictions on 
the use of entangling material on FADs, NMFS opted to establish 
standards that were more specific than the Resolution in the April 2018 
final rule. NMFS did this to aid with compliance and enforcement and to 
further the intent of the Resolution that member nations require owners 
and operators of their vessels ensure FADs designed and deployed reduce 
entanglements of sharks, sea turtles, and other species.
    Under the April 2018 final rule, U.S. vessel owners, operators, or 
crew must ensure any netting used in the subsurface structure of the 
FAD is tightly tied into bundles (``sausages''). In addition, if the 
FAD design includes a covered raft (e.g., flat raft or rolls of 
material) and if mesh netting is used for the cover, the mesh netting 
must be tightly wrapped around the entire raft such that no loose 
netting hangs below.

New Regulations Beginning in 2019

    This final rule implements provisions in Resolution C-18-05 that 
specifies materials and designs that must be used to reduce 
entanglement on FADs; those specifications are only partially 
consistent with the April 2018 final rule. In accordance with 
Resolution C-18-05, this final rule gives fishermen an additional 
option for netting that hangs beneath a FAD, i.e., netting with small 
mesh (stretched mesh size less than 7 centimeters) in a panel that is 
weighted on the lower end with at least enough weight to keep the 
netting taut in the water column. In addition, also in accordance with 
Resolution C-18-05, this final rule also requires that if mesh netting 
is used as part of the raft (e.g., flat raft or rolls of material) then 
the mesh netting must be small mesh and must be tightly wrapped such 
that no netting hangs below the FAD when deployed. This final rule also 
includes a definition for mesh as the distance between the inside of 
one knot to the inside of the opposing knot when the mesh is stretched, 
regardless of twine size.
    These requirements are intended to prohibit FAD designs that are 
most dangerous for bycatch species, such as sharks. As stated in the 
preamble of the April 2018 final rule, NMFS recognizes that any netting 
used in a FAD may become loose over time. However, to achieve the 
intent of Resolution C-18-05, the netting must remain secure and tight 
whenever deployed. Therefore, NMFS reminds the fleet that in order to 
keep FADs in compliance with these regulations, the purse seine 
operators must remain vigilant in maintaining and securing all mesh net 
used in FADs.
    Futhermore, NMFS recognizes that the IATTC may continue to conduct 
more work to define non-entangling FADs and to develop more specific 
guidance on materials and designs for FADs. The United States intends 
to continue working with the IATTC FAD Working Group and the IATTC on 
methods to reduce entanglements in FADs. These regulations are likely 
to be amended again in the next few years as the IATTC refines FAD 
design requirements.
    Although Resolution C-17-02 does not specifically define an 
``Active FAD,'' paragraph 10 of Resolution C-17-02 states that for the 
purposes of this resolution, a FAD is considered active when it: (a) Is 
deployed at sea; and (b) starts transmitting its location and is being 
tracked by the vessel, its owner, or operator. The April 2018 Final 
rule codified a definition of ``Active FAD'' at 50 CFR 300.21 as a FAD 
that is equipped with gear capable of tracking location, such as radio 
or satellite buoys. A FAD with this equipment attached shall be 
considered an Active FAD unless/until the equipment is removed and the 
vessel owner or operator notifies the IATTC or HMS Branch that the FAD 
is no longer active (i.e., deactivated). After publication of that 
rule, information became available to NMFS from both industry and the 
IATTC FAD Working Group meetings that revealed U.S. vessels and vessels 
from other countries often stop tracking the location of FADs, while 
the FAD is deployed on the high seas, but typically do not remove the 
tracking equipment from FADs. Sometimes vessel owners or operators sell 
the information or the right to access the existing tracking equipment 
to other vessel owners or operators; the new owners/operators then 
assume ownership and start tracking the FAD. The owner of the FAD also, 
at times, stop tracking the location of a FAD for a period of time and 
then ``reactivate'' and begin to track the location of the FAD again at 
a later time.
    In re-evaluating the meaning of ``Active FAD'' in Resolution C-17-
02, NMFS interprets paragraph 10(b) to mean that an Active FAD is a FAD 
that is being ``tracked'' by a vessel owner or operator. Therefore, in 
this rule, NMFS revises the definition of Active FAD to clarify that a 
FAD that a FAD is considered Active when its location is being tracked 
by the vessel owner or operator using tracking equipment, such as radio 
or satellite buoys. A FAD shall be considered an Active FAD unless/
until (i) the vessel is no longer tracking it, and (ii) the vessel 
owner or operator notifies the IATTC that the FAD is no longer active 
(i.e., deactivated). In

[[Page 62734]]

addition, NMFS is revising the prohibition at Sec.  300.24 (kk) and FAD 
restrictions at Sec.  300.28 (b) to clarify that ``when deploying a 
FAD'' the tracking equipment must be turned on. This revision is 
necessary to clarify that FADs already deployed at sea may be 
reactivated if they were previously deactivated.

Classification

    After consultation with the Departments of State and Homeland 
Security, the NMFS Assistant Administrator has determined that this 
final rule is consistent with the Tuna Conventions Act of 1950, as 
amended, and other applicable laws, subject to further consideration 
after public comment.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    This rule does not require new collection-of-information 
requirements subject to the Paperwork Reduction Act (PRA). The existing 
information collection approval requirements under Office of Management 
and Business (OMB) Control No. 0648-0148 (West Coast Region Pacific 
Tuna Fisheries Logbook and Fish Aggregating Device Form) covers the 
collections of information as amended by this rule. Notwithstanding any 
other provision of the law, no person is required to respond to, nor 
shall any person be subject to a 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. All currently approved NOAA collections of information 
may be viewed at: http://www.cio.noaa.gov/services_programs/prasubs.html.
    The Assistant Administrator for Fisheries has determined that the 
need to comply by January 2019 with the international obligations of 
the United States under a binding resolution adopted by the IATTC under 
the Antigua Convention constitutes good cause, under 5 U.S.C. 
553(b)(B), to waive the requirement for providing advance notice and 
comment.
    Good cause exists because the IATTC adopted Resolution C-18-05 at 
the end of August, effective January 2019, rather than adopting the 
resolution in June or early July, which is the typical timing of the 
IATTC annual meeting. If the effectiveness of this rule were delayed 
pending publication of a proposed rule, consideration of additional 
public comments, and a 30-day delay in effectiveness, the U.S. would 
likely miss the January 2019 deadline and be out of compliance with a 
binding resolution. Additionally, the purse seine industry would be 
delayed in being allowed the option of using small mesh hanging in a 
panel beneath FADs, which we understand industry prefers to the current 
requirement that it be tied in a bundle.
    Further rationale for finding good cause to waive advance notice 
and comment is that the proposed rule published on November 14, 2017, 
in the Federal Register (82 FR 52700) to implement Resolution C-17-02 
(Conservation Measures for Tropical Tunas in the Eastern Pacific Ocean 
During 2018-2020 and Amendment to Resolution C-17-01), gave the public 
notice that the FAD design requirements were likely to be further 
refined. The revised requirements in Resolution C-18-05 are within the 
scope of the alternatives for FAD design discussed in that proposed 
rule. NMFS had initially proposed more stringent FAD construction 
requirements than those that were promulgated in the final rule. The 
changes between the proposed and final rule were made in consideration 
of a comment from the American Tunaboat Association (ATA) that proposed 
FAD design regulation went beyond the requirements in Resolution C-17-
02 and would disadvantage the U.S. fleet.
    The revisions to the Active FAD definition and regulations related 
to activating a FAD before deploying in the water will relieve 
restrictions, as explained in the preamble of this rule.
    The owners and operators of the sixteen U.S. large purse seine 
vessels registered to fish in the EPO that would be impacted by the 
rule are already familiar with the measures adopted by the IATTC. In 
addition to sending professional representatives and lobbyists, many 
owners and operators personally attended the 2017 and 2018 IATTC 
meetings when Resolution C-17-02 and C-18-05 were adopted and were 
closely involved in briefings and discussions with U.S. State 
Department and NOAA leadership and staff. This action is necessary for 
the United States to satisfy its international obligations as a member 
of the IATTC.
    As soon as the rule is published, NMFS will send a notice of this 
rule to owners of vessels that are affected by this rule. The 
Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), requires a 
Regulatory Flexibility Analysis only for rules promulgated through 
notice and comment rulemaking under Section 553(b) of the 
Administrative Procedure Act or any other law. Because there is good 
cause to waive notice and comment for this final rule, an RFA Analysis 
was not prepared for this rule.

List of Subjects in 50 CFR Part 300

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

    Dated: November 29, 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, subpart 
C, is amended as follows:

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.  300.21, revise the definition of ``Active FAD'' and add a 
definition for ``Mesh size'' in alphabetical order to read as follows:


Sec.  300.21   Definitions.

* * * * *
    Active FAD means a FAD whose location is being tracked by the 
vessel owner or operator using tracking equipment, such as radio or 
satellite buoys. A FAD shall be considered an Active FAD unless/until 
the vessel is no longer tracking its location and the vessel owner or 
operator notifies the IATTC that the FAD is no longer active (i.e., 
deactivated).
* * * * *
    Mesh size means the distance between the inside of one knot to the 
inside of the opposing knot when the mesh is stretched, regardless of 
twine size.
* * * * *

0
3. In Sec.  300.24, revise paragraph (kk) to read as follows:


Sec.  300.24  Prohibitions.

* * * * *
    (kk) When deploying a FAD, activate the transmission equipment 
attached to a FAD in a location other than on a purse seine vessel at 
sea as required in Sec.  300.28(b).
* * * * *

0
4. In Sec.  300.28, revise paragraph (b) and (e), added by the final 
rule at 83 FR 15510, April 11, 2018, to read as follows:


Sec.  300.28  FAD restrictions.

* * * * *
    (b) Activating FADs for purse seine vessels. When deploying a FAD, 
a vessel owner, operator, or crew shall turn on

[[Page 62735]]

the tracking equipment while the FAD is onboard the purse seine vessel 
and before it is deployed in the water.
* * * * *
    (e) FAD design requirements to reduce entanglements. All FADs 
onboard or deployed by U.S. vessel owners, operators, or crew, must 
comply with the following design requirements:
    (1) Raft: If the FAD design includes a raft (e.g., flat raft or 
rolls of material) and if mesh netting is used as part of the 
structure, the mesh netting shall have a mesh size less than 7 
centimeters and the mesh net must be tightly wrapped such that no 
netting hangs below the FAD when deployed; and,
    (2) Subsurface: Any netting used in the subsurface structure of the 
FAD must be tightly tied into bundles (``sausages''), or have stretched 
mesh size less than 7 centimeters in a panel that is weighted on the 
lower end with at least enough weight to keep the netting taut in the 
water column.

[FR Doc. 2018-26387 Filed 12-4-18; 8:45 am]
 BILLING CODE 3510-22-P



                                             62732            Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations

                                             III. International Residue Limits                       Flexibility Act (RFA) (5 U.S.C. 601 et                    Authority: 21 U.S.C. 321(q), 346a and 371.
                                                In making its tolerance decisions, EPA               seq.), do not apply.                                  ■ 2. In § 180.442, in the table in
                                                                                                        This action directly regulates growers,            paragraph (b), revise entries for
                                             seeks to harmonize U.S. tolerances with
                                                                                                     food processors, food handlers, and food              ‘‘Apple’’, ‘‘Nectarine’’ and ‘‘Peach’’ to
                                             international standards whenever
                                                                                                     retailers, not States or tribes, nor does             read as follows:
                                             possible, consistent with U.S. food
                                                                                                     this action alter the relationships or
                                             safety standards and agricultural
                                                                                                     distribution of power and                             § 180.442 Bifenthrin; tolerances for
                                             practices. EPA considers the                                                                                  residues.
                                                                                                     responsibilities established by Congress
                                             international maximum residue limits
                                                                                                     in the preemption provisions of FFDCA                 *       *    *        *       *
                                             (MRLs) established by the Codex
                                                                                                     section 408(n)(4). As such, the Agency                    (b) * * *
                                             Alimentarius Commission (Codex), as
                                                                                                     has determined that this action will not
                                             required by FFDCA section 408(b)(4).                    have a substantial direct effect on States                                                        Expiration/
                                             The Codex Alimentarius is a joint                                                                                                   Parts per
                                                                                                     or tribal governments, on the                             Commodity                               revocation
                                             United Nations Food and Agriculture                                                                                                  million                 date
                                                                                                     relationship between the national
                                             Organization/World Health                               government and the States or tribal
                                             Organization food standards program,                                                                          Apple .............               0.5          12/31/21
                                                                                                     governments, or on the distribution of
                                             and it is recognized as an international                power and responsibilities among the                    *             *         *             *          *
                                             food safety standards-setting                           various levels of government or between               Nectarine ......                  0.5          12/31/21
                                             organization in trade agreements to                     the Federal Government and Indian                     Peach ............                0.5          12/31/21
                                             which the United States is a party. EPA                 tribes. Thus, the Agency has determined
                                             may establish a tolerance that is                       that Executive Order 13132, entitled                       *           *        *             *           *
                                             different from a Codex MRL; however,                    ‘‘Federalism’’ (64 FR 43255, August 10,
                                             FFDCA section 408(b)(4) requires that                   1999) and Executive Order 13175,                      *     *     *     *     *
                                             EPA explain the reasons for departing                   entitled ‘‘Consultation and Coordination              ■ 3. In § 180.603, revise the table in
                                             from the Codex level.                                   with Indian Tribal Governments’’ (65 FR               paragraph (b) to read as follows:
                                                The Codex has not established MRLs                   67249, November 9, 2000) do not apply
                                             for bifenthrin in/on apple, peach, or                                                                         § 180.603 Dinotefuran; tolerances for
                                                                                                     to this action. In addition, this action
                                             nectarine; nor dinotefuran in/on pome                                                                         residues.
                                                                                                     does not impose any enforceable duty or
                                             fruit or stone fruit.                                   contain any unfunded mandate as                       *       *    *        *       *
                                                                                                     described under Title II of the Unfunded                  (b) * * *
                                             IV. Statutory and Executive Order
                                             Reviews                                                 Mandates Reform Act (UMRA) (2 U.S.C.
                                                                                                                                                                                                       Expiration/
                                                                                                     1501 et seq.).                                            Commodity         Parts per             revocation
                                                This action establishes tolerances                      This action does not involve any                                          million                 date
                                             under FFDCA section 408(d) in                           technical standards that would require
                                             response to petitions submitted to the                  Agency consideration of voluntary                     Fruit, pome,
                                             Agency. The Office of Management and                    consensus standards pursuant to section                 Group 11 ...                    2.0          12/31/21
                                             Budget (OMB) has exempted these types                   12(d) of the National Technology                      Fruit, stone,
                                             of actions from review under Executive                  Transfer and Advancement Act                            Group 12 ...                    2.0          12/31/21
                                             Order 12866, entitled ‘‘Regulatory                      (NTTAA) (15 U.S.C. 272 note).
                                             Planning and Review’’ (58 FR 51735,                                                                           *        *      *     *       *
                                             October 4, 1993). Because this action                   V. Congressional Review Act                           [FR Doc. 2018–26346 Filed 12–4–18; 8:45 am]
                                             has been exempted from review under                       Pursuant to the Congressional Review                BILLING CODE 6560–50–P
                                             Executive Order 12866, this action is                   Act (5 U.S.C. 801 et seq.), EPA will
                                             not subject to Executive Order 13211,                   submit a report containing this rule and
                                             entitled ‘‘Actions Concerning                           other required information to the U.S.                DEPARTMENT OF COMMERCE
                                             Regulations That Significantly Affect                   Senate, the U.S. House of
                                             Energy Supply, Distribution, or Use’’ (66               Representatives, and the Comptroller                  National Oceanic and Atmospheric
                                             FR 28355, May 22, 2001) or Executive                    General of the United States prior to                 Administration
                                             Order 13045, entitled ‘‘Protection of                   publication of the rule in the Federal
                                             Children from Environmental Health                      Register. This action is not a ‘‘major                50 CFR Part 300
                                             Risks and Safety Risks’’ (62 FR 19885,                  rule’’ as defined by 5 U.S.C. 804(2).                 [Docket No. 180716668–8668–01]
                                             April 23, 1997). This action does not
                                                                                                     List of Subjects in 40 CFR Part 180                   RIN 0648–BI37
                                             contain any information collections
                                             subject to OMB approval under the                         Environmental protection,
                                                                                                     Administrative practice and procedure,                International Fisheries; Pacific Tuna
                                             Paperwork Reduction Act (PRA) (44
                                                                                                     Agricultural commodities, Pesticides                  Fisheries; Fishing Restrictions for Fish
                                             U.S.C. 3501 et seq.), nor does it require
                                                                                                     and pests, Reporting and recordkeeping                Aggregating Devices in the Eastern
                                             any special considerations under
                                                                                                     requirements.                                         Pacific Ocean
                                             Executive Order 12898, entitled
                                             ‘‘Federal Actions to Address                              Dated: November 9, 2018.                            AGENCY:  National Marine Fisheries
                                             Environmental Justice in Minority                       Michael Goodis,                                       Service (NMFS), National Oceanic and
                                             Populations and Low-Income                              Director, Registration Division, Office of            Atmospheric Administration (NOAA),
                                             Populations’’ (59 FR 7629, February 16,                 Pesticide Programs.                                   Commerce.
khammond on DSK30JT082PROD with RULES




                                             1994).                                                                                                        ACTION: Final rule.
                                                                                                       Therefore, 40 CFR chapter I is
                                                Since tolerances and exemptions that
                                                                                                     amended as follows:                                   SUMMARY:   NMFS is issuing regulations
                                             are established on the basis of a petition
                                             under FFDCA section 408(d), such as                     PART 180—[AMENDED]                                    under the Tuna Conventions Act to
                                             the tolerances in this final rule, do not                                                                     implement Resolution C–18–05
                                             require the issuance of a proposed rule,                ■ 1. The authority citation for part 180              (Amendment of Resolution C–16–01 on
                                             the requirements of the Regulatory                      continues to read as follows:                         the Collection and Analysis of Data on


                                        VerDate Sep<11>2014   16:05 Dec 04, 2018   Jkt 247001   PO 00000   Frm 00044   Fmt 4700   Sfmt 4700   E:\FR\FM\06DER1.SGM   06DER1


                                                              Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations                                       62733

                                             Fish-Aggregating Devices), which was                       Although Resolution C–17–02                           Futhermore, NMFS recognizes that
                                             adopted at the 93rd Meeting of the Inter-               included broadly worded restrictions on               the IATTC may continue to conduct
                                             American Tropical Tuna Commission                       the use of entangling material on FADs,               more work to define non-entangling
                                             (IATTC) in August 2018. The Resolution                  NMFS opted to establish standards that                FADs and to develop more specific
                                             includes construction standards for fish                were more specific than the Resolution                guidance on materials and designs for
                                             aggregating devices (FADs) intended to                  in the April 2018 final rule. NMFS did                FADs. The United States intends to
                                             reduce entanglements of marine life                     this to aid with compliance and                       continue working with the IATTC FAD
                                             when fishing for tropical tuna (i.e.,                   enforcement and to further the intent of              Working Group and the IATTC on
                                             bigeye tuna (Thunnus obesus),                           the Resolution that member nations                    methods to reduce entanglements in
                                             yellowfin tuna (Thunnus albacares),                     require owners and operators of their                 FADs. These regulations are likely to be
                                             and skipjack tuna (Katsuwonus                           vessels ensure FADs designed and                      amended again in the next few years as
                                             pelamis)) in the eastern Pacific Ocean                  deployed reduce entanglements of                      the IATTC refines FAD design
                                             (EPO). This final rule will revise the                  sharks, sea turtles, and other species.               requirements.
                                             existing regulations for consistency with                  Under the April 2018 final rule, U.S.                 Although Resolution C–17–02 does
                                             the new Resolution. In addition, this                   vessel owners, operators, or crew must                not specifically define an ‘‘Active FAD,’’
                                             rule revises the definition of ‘‘Active                 ensure any netting used in the                        paragraph 10 of Resolution C–17–02
                                             FAD’’ and regulations related to                        subsurface structure of the FAD is                    states that for the purposes of this
                                             activating FADs at sea that were                        tightly tied into bundles (‘‘sausages’’). In          resolution, a FAD is considered active
                                             codified in the April 2018 rule. This                   addition, if the FAD design includes a                when it: (a) Is deployed at sea; and (b)
                                             final rule is necessary for the                         covered raft (e.g., flat raft or rolls of             starts transmitting its location and is
                                             conservation of living marine resources                 material) and if mesh netting is used for             being tracked by the vessel, its owner,
                                             in the EPO and for the United States to                 the cover, the mesh netting must be                   or operator. The April 2018 Final rule
                                             satisfy its obligations as a member of the              tightly wrapped around the entire raft                codified a definition of ‘‘Active FAD’’ at
                                             IATTC.                                                  such that no loose netting hangs below.               50 CFR 300.21 as a FAD that is
                                             DATES: This rule is effective January 7,
                                                                                                                                                           equipped with gear capable of tracking
                                                                                                     New Regulations Beginning in 2019
                                                                                                                                                           location, such as radio or satellite
                                             2019.                                                      This final rule implements provisions              buoys. A FAD with this equipment
                                             ADDRESSES: Copies of the Regulatory                     in Resolution C–18–05 that specifies                  attached shall be considered an Active
                                             Impact Review, and other supporting                     materials and designs that must be used               FAD unless/until the equipment is
                                             documents are available via the Federal                 to reduce entanglement on FADs; those                 removed and the vessel owner or
                                             eRulemaking Portal: http://                             specifications are only partially                     operator notifies the IATTC or HMS
                                             www.regulations.gov, docket NOAA–                       consistent with the April 2018 final                  Branch that the FAD is no longer active
                                             NMFS–2018–0124, or by contacting the                    rule. In accordance with Resolution C–                (i.e., deactivated). After publication of
                                             Highly Migratory Species Branch Chief,                  18–05, this final rule gives fishermen an             that rule, information became available
                                             Heidi Taylor, 501 W. Ocean Blvd., Suite                 additional option for netting that hangs              to NMFS from both industry and the
                                             4200, Long Beach, CA 90208, wcr.hms@                    beneath a FAD, i.e., netting with small               IATTC FAD Working Group meetings
                                             noaa.gov.                                               mesh (stretched mesh size less than 7                 that revealed U.S. vessels and vessels
                                             FOR FURTHER INFORMATION CONTACT:                        centimeters) in a panel that is weighted              from other countries often stop tracking
                                             Rachael Wadsworth, NMFS at 562–980–                     on the lower end with at least enough                 the location of FADs, while the FAD is
                                             4036.                                                   weight to keep the netting taut in the                deployed on the high seas, but typically
                                             SUPPLEMENTARY INFORMATION:                              water column. In addition, also in                    do not remove the tracking equipment
                                                                                                     accordance with Resolution C–18–05,                   from FADs. Sometimes vessel owners or
                                             Background                                              this final rule also requires that if mesh            operators sell the information or the
                                                The final rule is implemented under                  netting is used as part of the raft (e.g.,            right to access the existing tracking
                                             the Tuna Conventions Act (16 U.S.C.                     flat raft or rolls of material) then the              equipment to other vessel owners or
                                             951 et seq.). This final rule applies to                mesh netting must be small mesh and                   operators; the new owners/operators
                                             U.S. purse seine vessels fishing for                    must be tightly wrapped such that no                  then assume ownership and start
                                             tropical tunas in the IATTC Convention                  netting hangs below the FAD when                      tracking the FAD. The owner of the FAD
                                             Area. The IATTC Convention Area is                      deployed. This final rule also includes               also, at times, stop tracking the location
                                             defined as waters of the EPO bounded                    a definition for mesh as the distance                 of a FAD for a period of time and then
                                             by the west coast of the Americas and                   between the inside of one knot to the                 ‘‘reactivate’’ and begin to track the
                                             by 50° N latitude, 150° W longitude, and                inside of the opposing knot when the                  location of the FAD again at a later time.
                                             50° S latitude.                                         mesh is stretched, regardless of twine                   In re-evaluating the meaning of
                                                                                                     size.                                                 ‘‘Active FAD’’ in Resolution C–17–02,
                                             Changes From Final Rule Published in                       These requirements are intended to                 NMFS interprets paragraph 10(b) to
                                             April 2018                                              prohibit FAD designs that are most                    mean that an Active FAD is a FAD that
                                                Resolution C–18–05 imposes new                       dangerous for bycatch species, such as                is being ‘‘tracked’’ by a vessel owner or
                                             restrictions on FAD design standards.                   sharks. As stated in the preamble of the              operator. Therefore, in this rule, NMFS
                                             NMFS implemented FAD construction                       April 2018 final rule, NMFS recognizes                revises the definition of Active FAD to
                                             standards adopted by the IATTC in a                     that any netting used in a FAD may                    clarify that a FAD that a FAD is
                                             final rule published on April 11, 2018,                 become loose over time. However, to                   considered Active when its location is
                                             in the Federal Register (83 FR 15503)                   achieve the intent of Resolution C–18–                being tracked by the vessel owner or
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                                             which implemented Resolution C–17–                      05, the netting must remain secure and                operator using tracking equipment, such
                                             02 (Conservation Measures for Tropical                  tight whenever deployed. Therefore,                   as radio or satellite buoys. A FAD shall
                                             Tunas in the Eastern Pacific Ocean                      NMFS reminds the fleet that in order to               be considered an Active FAD unless/
                                             During 2018–2020 and Amendment to                       keep FADs in compliance with these                    until (i) the vessel is no longer tracking
                                             Resolution C–17–01). These regulations                  regulations, the purse seine operators                it, and (ii) the vessel owner or operator
                                             are set to become effective January 1,                  must remain vigilant in maintaining and               notifies the IATTC that the FAD is no
                                             2019.                                                   securing all mesh net used in FADs.                   longer active (i.e., deactivated). In


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                                             62734            Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations

                                             addition, NMFS is revising the                          Additionally, the purse seine industry                List of Subjects in 50 CFR Part 300
                                             prohibition at § 300.24 (kk) and FAD                    would be delayed in being allowed the                   Administrative practice and
                                             restrictions at § 300.28 (b) to clarify that            option of using small mesh hanging in                 procedure, Fish, Fisheries, Fishing,
                                             ‘‘when deploying a FAD’’ the tracking                   a panel beneath FADs, which we                        Marine resources, Reporting and
                                             equipment must be turned on. This                       understand industry prefers to the                    recordkeeping requirements, Treaties.
                                             revision is necessary to clarify that                   current requirement that it be tied in a
                                             FADs already deployed at sea may be                     bundle.                                                 Dated: November 29, 2018.
                                             reactivated if they were previously                        Further rationale for finding good                 Samuel D. Rauch III,
                                             deactivated.                                            cause to waive advance notice and                     Deputy Assistant Administrator for
                                                                                                     comment is that the proposed rule                     Regulatory Programs, National Marine
                                             Classification                                                                                                Fisheries Service.
                                                                                                     published on November 14, 2017, in the
                                                After consultation with the                          Federal Register (82 FR 52700) to                        For the reasons set out in the
                                             Departments of State and Homeland                       implement Resolution C–17–02                          preamble, 50 CFR part 300, subpart C,
                                             Security, the NMFS Assistant                            (Conservation Measures for Tropical                   is amended as follows:
                                             Administrator has determined that this                  Tunas in the Eastern Pacific Ocean
                                             final rule is consistent with the Tuna                  During 2018–2020 and Amendment to                     PART 300—INTERNATIONAL
                                             Conventions Act of 1950, as amended,                    Resolution C–17–01), gave the public                  FISHERIES REGULATIONS
                                             and other applicable laws, subject to                   notice that the FAD design requirements
                                             further consideration after public                                                                            Subpart C—Eastern Pacific Tuna
                                                                                                     were likely to be further refined. The
                                             comment.                                                                                                      Fisheries
                                                                                                     revised requirements in Resolution C–
                                                This rule has been determined to be
                                                                                                     18–05 are within the scope of the                     ■ 1. The authority citation for part 300,
                                             not significant for purposes of Executive
                                                                                                     alternatives for FAD design discussed in              subpart C, continues to read as follows:
                                             Order 12866.
                                                This rule does not require new                       that proposed rule. NMFS had initially
                                                                                                                                                               Authority: 16 U.S.C. 951 et seq.
                                             collection-of-information requirements                  proposed more stringent FAD
                                                                                                     construction requirements than those                  ■ 2. In § 300.21, revise the definition of
                                             subject to the Paperwork Reduction Act
                                             (PRA). The existing information                         that were promulgated in the final rule.              ‘‘Active FAD’’ and add a definition for
                                             collection approval requirements under                  The changes between the proposed and                  ‘‘Mesh size’’ in alphabetical order to
                                             Office of Management and Business                       final rule were made in consideration of              read as follows:
                                             (OMB) Control No. 0648–0148 (West                       a comment from the American Tunaboat
                                                                                                                                                           § 300.21    Definitions.
                                             Coast Region Pacific Tuna Fisheries                     Association (ATA) that proposed FAD
                                                                                                     design regulation went beyond the                     *      *     *     *    *
                                             Logbook and Fish Aggregating Device                                                                              Active FAD means a FAD whose
                                             Form) covers the collections of                         requirements in Resolution C–17–02
                                                                                                     and would disadvantage the U.S. fleet.                location is being tracked by the vessel
                                             information as amended by this rule.                                                                          owner or operator using tracking
                                             Notwithstanding any other provision of                     The revisions to the Active FAD
                                                                                                     definition and regulations related to                 equipment, such as radio or satellite
                                             the law, no person is required to                                                                             buoys. A FAD shall be considered an
                                             respond to, nor shall any person be                     activating a FAD before deploying in the
                                                                                                     water will relieve restrictions, as                   Active FAD unless/until the vessel is no
                                             subject to a penalty for failure to comply                                                                    longer tracking its location and the
                                             with, a collection of information subject               explained in the preamble of this rule.
                                                                                                        The owners and operators of the                    vessel owner or operator notifies the
                                             to the requirements of the PRA, unless                                                                        IATTC that the FAD is no longer active
                                             that collection of information displays a               sixteen U.S. large purse seine vessels
                                                                                                     registered to fish in the EPO that would              (i.e., deactivated).
                                             currently valid OMB Control Number.
                                             All currently approved NOAA                             be impacted by the rule are already                   *      *     *     *    *
                                             collections of information may be                       familiar with the measures adopted by                    Mesh size means the distance between
                                             viewed at: http://www.cio.noaa.gov/                     the IATTC. In addition to sending                     the inside of one knot to the inside of
                                             services_programs/prasubs.html.                         professional representatives and                      the opposing knot when the mesh is
                                                The Assistant Administrator for                      lobbyists, many owners and operators                  stretched, regardless of twine size.
                                             Fisheries has determined that the need                  personally attended the 2017 and 2018                 *      *     *     *    *
                                             to comply by January 2019 with the                      IATTC meetings when Resolution C–                     ■ 3. In § 300.24, revise paragraph (kk) to
                                             international obligations of the United                 17–02 and C–18–05 were adopted and                    read as follows:
                                             States under a binding resolution                       were closely involved in briefings and
                                             adopted by the IATTC under the                          discussions with U.S. State Department                § 300.24    Prohibitions.
                                             Antigua Convention constitutes good                     and NOAA leadership and staff. This                   *     *     *      *    *
                                             cause, under 5 U.S.C. 553(b)(B), to                     action is necessary for the United States               (kk) When deploying a FAD, activate
                                             waive the requirement for providing                     to satisfy its international obligations as           the transmission equipment attached to
                                             advance notice and comment.                             a member of the IATTC.                                a FAD in a location other than on a
                                                Good cause exists because the IATTC                     As soon as the rule is published,                  purse seine vessel at sea as required in
                                             adopted Resolution C–18–05 at the end                   NMFS will send a notice of this rule to               § 300.28(b).
                                             of August, effective January 2019, rather               owners of vessels that are affected by                *     *     *      *    *
                                             than adopting the resolution in June or                 this rule. The Regulatory Flexibility Act             ■ 4. In § 300.28, revise paragraph (b)
                                             early July, which is the typical timing of              (RFA), 5 U.S.C. 605(b), requires a                    and (e), added by the final rule at 83 FR
                                             the IATTC annual meeting. If the                        Regulatory Flexibility Analysis only for              15510, April 11, 2018, to read as
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                                             effectiveness of this rule were delayed                 rules promulgated through notice and                  follows:
                                             pending publication of a proposed rule,                 comment rulemaking under Section
                                             consideration of additional public                      553(b) of the Administrative Procedure                § 300.28    FAD restrictions.
                                             comments, and a 30-day delay in                         Act or any other law. Because there is                *     *    *     *    *
                                             effectiveness, the U.S. would likely miss               good cause to waive notice and                          (b) Activating FADs for purse seine
                                             the January 2019 deadline and be out of                 comment for this final rule, an RFA                   vessels. When deploying a FAD, a vessel
                                             compliance with a binding resolution.                   Analysis was not prepared for this rule.              owner, operator, or crew shall turn on


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                                                              Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations                                            62735

                                             the tracking equipment while the FAD                    reached, while minimizing the risk of                 commercial season opening date in the
                                             is onboard the purse seine vessel and                   the commercial ACL being exceeded.                    Federal Register.
                                             before it is deployed in the water.                     DATES: This rule is effective 12:01 a.m.,             Classification
                                             *      *      *      *     *                            local time, December 5, 2018, until
                                                (e) FAD design requirements to reduce                12:01 a.m., local time, December 15,                     The Regional Administrator, NMFS
                                             entanglements. All FADs onboard or                      2018.                                                 Southeast Region, has determined this
                                             deployed by U.S. vessel owners,                                                                               temporary rule is necessary for the
                                                                                                     FOR FURTHER INFORMATION CONTACT:                      conservation and management of red
                                             operators, or crew, must comply with
                                                                                                     Mary Vara, NMFS Southeast Regional                    snapper and the South Atlantic snapper-
                                             the following design requirements:
                                                (1) Raft: If the FAD design includes a               Office, telephone: 727–824–5305, email:               grouper fishery and is consistent with
                                             raft (e.g., flat raft or rolls of material)             mary.vara@noaa.gov.                                   the Magnuson-Stevens Act and other
                                             and if mesh netting is used as part of the              SUPPLEMENTARY INFORMATION: The                        applicable laws.
                                             structure, the mesh netting shall have a                snapper-grouper fishery of the South                     This action is taken under 50 CFR
                                             mesh size less than 7 centimeters and                   Atlantic includes red snapper and is                  622.8(c) and is exempt from review
                                             the mesh net must be tightly wrapped                    managed under the Fishery                             under Executive Order 12866.
                                             such that no netting hangs below the                    Management Plan for the Snapper-                         These measures are exempt from the
                                             FAD when deployed; and,                                 Grouper Fishery of the South Atlantic                 procedures of the Regulatory Flexibility
                                                (2) Subsurface: Any netting used in                  Region (FMP). The FMP was prepared                    Act because the temporary rule is issued
                                             the subsurface structure of the FAD                     by the South Atlantic Fishery                         without opportunity for prior notice and
                                             must be tightly tied into bundles                       Management Council and is                             comment.
                                             (‘‘sausages’’), or have stretched mesh                  implemented by NMFS under the                            This action responds to the best
                                             size less than 7 centimeters in a panel                 authority of the Magnuson-Stevens                     scientific information available. The
                                             that is weighted on the lower end with                  Fishery Conservation and Management                   Assistant Administrator for NOAA
                                             at least enough weight to keep the                      Act (Magnuson-Stevens Act) by                         Fisheries (AA), finds that the need to
                                             netting taut in the water column.                       regulations at 50 CFR part 622.                       immediately implement this action to
                                             [FR Doc. 2018–26387 Filed 12–4–18; 8:45 am]                The commercial ACL for red snapper                 temporarily re-open the commercial
                                             BILLING CODE 3510–22–P
                                                                                                     in the South Atlantic is 124,815 lb                   sector for red snapper constitutes good
                                                                                                     (56,615 kg), round weight. Under 50                   cause to waive the requirements to
                                                                                                     CFR 622.193(y)(1), NMFS is required to                provide prior notice and opportunity for
                                             DEPARTMENT OF COMMERCE                                  close the commercial sector for red                   public comment pursuant to the
                                                                                                     snapper when landings reach, or are                   authority set forth in 5 U.S.C. 553(b)(B),
                                             National Oceanic and Atmospheric                        projected to reach, the commercial ACL                as such procedures are unnecessary and
                                             Administration                                          by filing a notification to that effect with          contrary to the public interest. Such
                                                                                                     the Office of the Federal Register.                   procedures are unnecessary because the
                                             50 CFR Part 622                                            NMFS previously projected that the                 rule implementing the commercial ACL
                                             [Docket No. 1710319998630–02]
                                                                                                     commercial ACL for South Atlantic red                 and AMs for red snapper has already
                                                                                                     snapper for the 2018 fishing year would               been subject to notice and comment,
                                             RIN 0648–XG652                                          be reached by November 7, 2018.                       and all that remains is to notify the
                                                                                                     Accordingly, NMFS published a                         public of the re-opening. Such
                                             Fisheries of the Caribbean, Gulf of                     temporary rule in the Federal Register                procedures are contrary to the public
                                             Mexico, and South Atlantic; Re-                         to implement accountability measures                  interest because of the need to
                                             Opening of Commercial Harvest for                       (AMs) to close the commercial sector for              immediately implement this action to
                                             South Atlantic Red Snapper                              red snapper in the South Atlantic EEZ                 allow commercial fishers to further
                                             AGENCY:  National Marine Fisheries                      effective November 7, 2018 (83 FR                     harvest the commercial ACL of red
                                             Service (NMFS), National Oceanic and                    55292; November 5, 2018).                             snapper from the South Atlantic EEZ,
                                             Atmospheric Administration (NOAA),                         However, recent landings data for red              while minimizing the risk of exceeding
                                             Commerce.                                               snapper indicate that the commercial                  the commercial ACL. Prior notice and
                                             ACTION: Temporary rule; re-opening.                     ACL has not been yet been reached.                    opportunity for public comment would
                                                                                                     Consequently, and in accordance with                  require time and would delay the re-
                                             SUMMARY:   NMFS announces the re-                       50 CFR 622.8(c), NMFS temporarily re-                 opening of the commercial sector.
                                             opening of the commercial sector for red                opens the commercial sector for red                      For the aforementioned reasons, the
                                             snapper in the exclusive economic zone                  snapper effective at 12:01 a.m. on                    AA also finds good cause to waive the
                                             (EEZ) of the South Atlantic through this                December 5, 2018. The commercial                      30-day delay in the effectiveness of this
                                             temporary rule. The most recent                         sector will remain open for 10 calendar               action under 5 U.S.C. 553(d)(3).
                                             commercial landings of red snapper                      days and will close at 12:01 a.m. on                    Authority: 16 U.S.C. 1801 et seq.
                                             indicate that the commercial annual                     December 15, 2018. Re-opening the
                                             catch limit (ACL) for the 2018 fishing                  commercial sector for 10 days allows an                 Dated: November 30, 2018.
                                             year has not yet been reached.                          additional opportunity to commercially                Alan D. Risenhoover,
                                             Therefore, NMFS re-opens the                            harvest the red snapper ACL while                     Director, Office of Sustainable Fisheries,
                                             commercial sector for red snapper in the                minimizing the risk of exceeding the                  National Marine Fisheries Service.
                                             South Atlantic EEZ for 10 calendar days                 commercial ACL. For the 2019 fishing                  [FR Doc. 2018–26433 Filed 11–30–18; 4:15 pm]
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                                             to allow the commercial ACL to be                       year, NMFS will announce the                          BILLING CODE 3510–22–P




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Document Created: 2018-12-05 02:36:12
Document Modified: 2018-12-05 02:36:12
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
ActionFinal rule.
DatesThis rule is effective January 7, 2019.
ContactRachael Wadsworth, NMFS at 562-980- 4036.
FR Citation83 FR 62732 
RIN Number0648-BI37
CFR AssociatedAdministrative Practice and Procedure; Fish; Fisheries; Fishing; Marine Resources; Reporting and Recordkeeping Requirements and Treaties

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