International Fisheries; Pacific Tuna Fisheries; 2014 Commercial Fishing for Pacific Bluefin Tuna Closed in the Eastern Pacific Ocean, 53631-53632 [2014-21548]

Download as PDF Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES § 25.25–5 Life preservers and other lifesaving equipment required. (a) No person may operate a vessel to which this subpart applies unless it meets the requirements of this subpart. (b) (1) Each vessel not carrying passengers for hire and less than 40 feet in length must have on board at least one wearable personal flotation device (PFD) approved under subchapter Q of this chapter, and of a suitable size for each person on board. (2) Each vessel carrying passengers for hire, and each vessel not carrying passengers for hire and 40 feet in length or longer, must have at least one PFD approved under approval series 160.055, 160.155, or 160.176, and of a suitable size for each person on board. (3) In addition to the equipment required by paragraphs (b)(1) and (b)(2) of this section, each vessel 26 feet in length or longer, except for a barge to which this subpart applies, must have at least one approved lifebuoy, and each uninspected passenger vessel of at least 100 gross tons must have at least three approved lifebuoys. Lifebuoys must be approved under approval series 160.050 or 160.150, except that a lifebuoy approved under former 46 CFR 160.009 prior to May 9, 1979 (see 46 CFR chapter I, revised as of October 1, 1979), may be used as long as it is in good and serviceable condition. (c)(1) Each vessel not carrying passengers for hire may substitute an immersion suit approved under 46 CFR 160.171 for a wearable PFD required under paragraphs (b)(1) or (b)(2) of this section. (2) On each vessel, regardless of length and regardless of whether carrying passengers for hire, an approved commercial hybrid PFD approved under approval series 160.077, may be substituted for a PFD approved under approval series 160.055, 160.155, or 160.176, if it is— (i) Used in accordance with the conditions marked on the PFD and in the owner’s manual; and (ii) Labeled for use on commercial vessels. ■ 9. Amend § 25.25–9, as follows: ■ a. In paragraph (a), remove the text ‘‘§ 25.25–5 (b), (c) and (e)’’ and add, in its place, the text ‘‘§ 25.25–5(b) and (c)’’; and ■ b. In paragraph (b), remove the text ‘‘§ 25.25–5(d)’’ and add, in its place, the text ‘‘§ 25.25–5(b)’’; and ■ c. Add a paragraph (c) to read as follows: § 25.25–9 Storage. * * * * * (c) For a barge to which this subpart applies, the wearable lifesaving VerDate Mar<15>2010 16:14 Sep 09, 2014 Jkt 232001 equipment specified in § 25.25–5 need not be stored on board the barge if the barge’s operator stores it elsewhere, and ensures that each individual dons the equipment or a work vest approved under 46 CFR 160.053 before boarding the barge and keeps it on for as long as the individual remains on board and at risk of falling overboard. PART 30—GENERAL PROVISIONS 53631 PART 188—GENERAL PROVISIONS 16. Revise the authority citation for part 188 to read as follows: ■ Authority: 46 U.S.C. 2103, 2113, 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1–105; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b). § 188.05–1 [Amended] 17. Amend § 188.05–1 to remove the phrase ‘‘carrying passengers or passengers–for–hire’’ from Table 188.05–1(a), column 5, rows 3 and 4, and remove the word ‘‘None’’ from column 5, row 6, adding in its place the phrase ‘‘All vessels not covered by columns 2, 3, 4, and 6.’’ ■ 10. Revise the authority citation for part 30 to read as follows: ■ Authority: 46 U.S.C. 2103, 3306, 3703; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b). § 30.01–5 [Amended] 11. Amend § 30.01–5 to remove the phrase ‘‘carrying passengers or passengers–for–hire’’ from Table 30.01– 5(d), column 5, rows 3 and 4, and remove the word ‘‘None’’ from column 5, row 6, adding in its place the phrase ‘‘All vessels not covered by columns 2, 3, 4, and 6’’. J. G. Lantz, Director of Commercial Regulations and Standards, U. S. Coast Guard. PART 70—GENERAL PROVISIONS National Oceanic and Atmospheric Administration ■ 12. Revise the authority citation for part 70 to read as follows: [FR Doc. 2014–21541 Filed 9–9–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE ■ Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1–105; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b). § 70.05–1 [Amended] 13. Amend § 70.05–1 to remove the phrase ‘‘carrying passengers or passengers–for–hire’’ from Table 70.05– 1(a), column 5, rows 3 and 4, and remove the word ‘‘None’’ from column 5, row 6, adding in its place the phrase ‘‘All vessels not covered by columns 2, 3, 4, and 6’’. 50 CFR Part 300 [Docket No. 130722647–4403–02] RIN 0648–XD448 International Fisheries; Pacific Tuna Fisheries; 2014 Commercial Fishing for Pacific Bluefin Tuna Closed in the Eastern Pacific Ocean ■ PART 90—GENERAL PROVISIONS 14. Revise the authority citation for part 90 to read as follows: ■ Authority: 46 U.S.C. 2103, 3306, 3703; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277, sec. 1–105; Department of Homeland Security Delegation No. 0170.1(II)(92)(a), (92)(b). § 90.05–1 [Amended] 15. Amend § 90.05–1 to remove the phrase ‘‘carrying passengers or passengers–for–hire’’ from Table 90.05– 1(a), column 5, rows 3 and 4, and remove the word ‘‘None’’ from column 5, row 6, adding in its place the phrase ‘‘All vessels not covered by columns 2, 3, 4, and 6.’’ ■ PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; fishery closure. AGENCY: NMFS is closing commercial fishing for Pacific bluefin tuna in the eastern Pacific Ocean (EPO) because the catch limit is expected to be reached by the effective date of this action. This action is necessary per the intentions of the final rule (May 16, 2014), that implements the Inter-American Tropical Tuna Commission Resolution C–13–02 on conservation and management measures for Pacific bluefin tuna in the EPO. DATES: Effective at 5 p.m. PDT, September 5, 2014 through December 31, 2014. FOR FURTHER INFORMATION CONTACT: Mark Helvey, NMFS West Coast Region, 562–980–4040. SUPPLEMENTARY INFORMATION: Commercial fishing for Pacific bluefin tuna in the eastern Pacific Ocean is SUMMARY: E:\FR\FM\10SER1.SGM 10SER1 53632 Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES managed, in part, under the Tuna Conventions Act of 1950 (Act), 16 U.S.C. 951–962. Under the Act, NMFS must publish regulations to carry out recommendations of the Inter-American Tropical Tuna Commission (IATTC) that have been approved by the Department of State (DOS). The United States is a member of the IATTC, which was established under the Convention for the Establishment of an Inter-American Tropical Tuna Commission signed in 1949 (Convention). The Conventions was signed to provide an international agreement to ensure the effective international conservation and management of highly migratory species of fish in the Convention Area. The IATTC Convention Area for this action is defined to include the waters of the eastern Pacific Ocean bounded by the coast of the Americas, the 50° N. and 50° S. parallels, and the 150° W. meridian. Regulations governing fishing by U.S. vessels in accordance with the Act appear at 50 CFR part 300, subpart C. Those regulations implement recommendations of the IATTC for the conservation and management of highly migratory fish resources in the IATTC Convention Area (generally referred to as the eastern Pacific Ocean). The IATTC has recommended, and the DOS approved, annual catch limits of Pacific bluefin tuna for U.S. commercial vessels. For calendar year 2014, the targeting, retention, transshipping, or landing of Pacific bluefin tuna by U.S. commercial vessels fishing in the IATTC Convention Area is limited to 500 metric tons (mt) in the event that the Commission-wide limit of 5,000 mt has been reached (79 FR 28448, May 16, 2014, and codified at 50 CFR 300.25). The Commission-wide limit of 5,000 mt in 2014 is for all Commission members and cooperating non-members operating in the EPO. Additionally, the regulations at 50 CFR 300.25 establish a 2014 commercial PBF VerDate Mar<15>2010 16:14 Sep 09, 2014 Jkt 232001 catch limit of 500 mt for the U.S. fleet in the event that the Commission-wide limit of 5,000 mt is reached. NMFS received a notice from the IATTC Director on July 9, 2014 that the Commission-wide limit of 5,000 mt was estimated to have been reached. Based on the best available information from the fishery and working with the California Department of Fish and Wildlife, NMFS monitored the catch and landings of U.S. commercial vessels fishing in the IATTC Convention Area and projected that the 500 mt catch limit for U.S. commercial vessels is expected to be reached by September 5, 2014. This is the first year that U.S. commercial fisheries have reached the 500 mt catch limit since the IATTC began actively managing Pacific bluefin fisheries in the EPO. On average, annual U.S. commercial landings for Pacific bluefin tuna have for the last ten years been less than 100 mt. Between January 2014 and July 2014 catches remained low at an estimated 2.1 mt; however, in early August the availability of Pacific bluefin tuna in U.S. waters increased, with a corresponding increase in landings over a short period of time. With clear intent of not exceeding the 500 mt catch limit for Pacific bluefin tuna, NMFS is waiving the seven day advance notice as described in 50 CFR 300.25(h)(3). To provide as much advanced notice as practicable, NMFS has taken other steps to notify members of the fishing industry and the public that U.S. commercial fishing for Pacific bluefin tuna in the Convention Area will be closed starting on September 5, 2014, through the end of the 2014 calendar year. During the closure, U.S. commercial fishing vessels may not target, retain on board, transship, or land Pacific bluefin tuna in the Convention Area, except as follows: • Any Pacific bluefin tuna already on board a fishing vessel upon the effective PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 date of the prohibitions may be retained on board, transshipped, and/or landed, to the extent authorized by applicable laws and regulations, provided that they are landed within 14 days after the prohibitions become effective, that is September 19, 2014. • Pacific bluefin tuna caught by a commercial vessel of the United States in the Convention Area may not be transshipped to a fishing vessel unless that fishing vessel is operated in compliance with a valid permit issued under § 660.707 or § 665.801. Classification For the reasons set forth below, NMFS finds good cause to waive prior notice, opportunity for public comment, and a delay to the effective date for this temporary rule pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3). These procedures are impracticable and contrary to public interest. NMFS would be unable to ensure that the 2014 Pacific bluefin tuna catch limit for U.S. commercial vessels is not exceeded if the effective date for this rule were delayed. This action is based on the best available information regarding U.S. catches approaching the 500 mt limit and is necessary for the conservation and management of Pacific bluefin tuna. The 500 mt catch limit is an important mechanism for the conservation and management of Pacific bluefin tuna, and one with which the U.S. must comply to meet its international obligations. This action is required by § 300.25(b) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 951–962 et seq. Dated: September 5, 2014. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–21548 Filed 9–5–14; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\10SER1.SGM 10SER1

Agencies

[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Rules and Regulations]
[Pages 53631-53632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21548]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 130722647-4403-02]
RIN 0648-XD448


International Fisheries; Pacific Tuna Fisheries; 2014 Commercial 
Fishing for Pacific Bluefin Tuna Closed in the Eastern Pacific Ocean

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

ACTION: Temporary rule; fishery closure.

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

SUMMARY: NMFS is closing commercial fishing for Pacific bluefin tuna in 
the eastern Pacific Ocean (EPO) because the catch limit is expected to 
be reached by the effective date of this action. This action is 
necessary per the intentions of the final rule (May 16, 2014), that 
implements the Inter-American Tropical Tuna Commission Resolution C-13-
02 on conservation and management measures for Pacific bluefin tuna in 
the EPO.

DATES: Effective at 5 p.m. PDT, September 5, 2014 through December 31, 
2014.

FOR FURTHER INFORMATION CONTACT: Mark Helvey, NMFS West Coast Region, 
562-980-4040.

SUPPLEMENTARY INFORMATION: Commercial fishing for Pacific bluefin tuna 
in the eastern Pacific Ocean is

[[Page 53632]]

managed, in part, under the Tuna Conventions Act of 1950 (Act), 16 
U.S.C. 951-962. Under the Act, NMFS must publish regulations to carry 
out recommendations of the Inter-American Tropical Tuna Commission 
(IATTC) that have been approved by the Department of State (DOS). The 
United States is a member of the IATTC, which was established under the 
Convention for the Establishment of an Inter-American Tropical Tuna 
Commission signed in 1949 (Convention). The Conventions was signed to 
provide an international agreement to ensure the effective 
international conservation and management of highly migratory species 
of fish in the Convention Area.
    The IATTC Convention Area for this action is defined to include the 
waters of the eastern Pacific Ocean bounded by the coast of the 
Americas, the 50[deg] N. and 50[deg] S. parallels, and the 150[deg] W. 
meridian. Regulations governing fishing by U.S. vessels in accordance 
with the Act appear at 50 CFR part 300, subpart C. Those regulations 
implement recommendations of the IATTC for the conservation and 
management of highly migratory fish resources in the IATTC Convention 
Area (generally referred to as the eastern Pacific Ocean).
    The IATTC has recommended, and the DOS approved, annual catch 
limits of Pacific bluefin tuna for U.S. commercial vessels. For 
calendar year 2014, the targeting, retention, transshipping, or landing 
of Pacific bluefin tuna by U.S. commercial vessels fishing in the IATTC 
Convention Area is limited to 500 metric tons (mt) in the event that 
the Commission-wide limit of 5,000 mt has been reached (79 FR 28448, 
May 16, 2014, and codified at 50 CFR 300.25). The Commission-wide limit 
of 5,000 mt in 2014 is for all Commission members and cooperating non-
members operating in the EPO. Additionally, the regulations at 50 CFR 
300.25 establish a 2014 commercial PBF catch limit of 500 mt for the 
U.S. fleet in the event that the Commission-wide limit of 5,000 mt is 
reached. NMFS received a notice from the IATTC Director on July 9, 2014 
that the Commission-wide limit of 5,000 mt was estimated to have been 
reached.
    Based on the best available information from the fishery and 
working with the California Department of Fish and Wildlife, NMFS 
monitored the catch and landings of U.S. commercial vessels fishing in 
the IATTC Convention Area and projected that the 500 mt catch limit for 
U.S. commercial vessels is expected to be reached by September 5, 2014. 
This is the first year that U.S. commercial fisheries have reached the 
500 mt catch limit since the IATTC began actively managing Pacific 
bluefin fisheries in the EPO. On average, annual U.S. commercial 
landings for Pacific bluefin tuna have for the last ten years been less 
than 100 mt.
    Between January 2014 and July 2014 catches remained low at an 
estimated 2.1 mt; however, in early August the availability of Pacific 
bluefin tuna in U.S. waters increased, with a corresponding increase in 
landings over a short period of time. With clear intent of not 
exceeding the 500 mt catch limit for Pacific bluefin tuna, NMFS is 
waiving the seven day advance notice as described in 50 CFR 
300.25(h)(3). To provide as much advanced notice as practicable, NMFS 
has taken other steps to notify members of the fishing industry and the 
public that U.S. commercial fishing for Pacific bluefin tuna in the 
Convention Area will be closed starting on September 5, 2014, through 
the end of the 2014 calendar year.
    During the closure, U.S. commercial fishing vessels may not target, 
retain on board, transship, or land Pacific bluefin tuna in the 
Convention Area, except as follows:
     Any Pacific bluefin tuna already on board a fishing vessel 
upon the effective date of the prohibitions may be retained on board, 
transshipped, and/or landed, to the extent authorized by applicable 
laws and regulations, provided that they are landed within 14 days 
after the prohibitions become effective, that is September 19, 2014.
     Pacific bluefin tuna caught by a commercial vessel of the 
United States in the Convention Area may not be transshipped to a 
fishing vessel unless that fishing vessel is operated in compliance 
with a valid permit issued under Sec.  660.707 or Sec.  665.801.

Classification

    For the reasons set forth below, NMFS finds good cause to waive 
prior notice, opportunity for public comment, and a delay to the 
effective date for this temporary rule pursuant to 5 U.S.C. 553(b)(B) 
and 5 U.S.C. 553(d)(3). These procedures are impracticable and contrary 
to public interest. NMFS would be unable to ensure that the 2014 
Pacific bluefin tuna catch limit for U.S. commercial vessels is not 
exceeded if the effective date for this rule were delayed. This action 
is based on the best available information regarding U.S. catches 
approaching the 500 mt limit and is necessary for the conservation and 
management of Pacific bluefin tuna. The 500 mt catch limit is an 
important mechanism for the conservation and management of Pacific 
bluefin tuna, and one with which the U.S. must comply to meet its 
international obligations.
    This action is required by Sec.  300.25(b) and is exempt from 
review under Executive Order 12866.

    Authority:  16 U.S.C. 951-962 et seq.

    Dated: September 5, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-21548 Filed 9-5-14; 4:15 pm]
BILLING CODE 3510-22-P

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