International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Restrictions for Bigeye Tuna and Yellowfin Tuna in Purse Seine Fisheries for 2012, 82180-82183 [2011-33593]
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82180
Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
hand-held mobile telephones by drivers
of commercial motor vehicles. That rule
was jointly issued by FMCSA and
Pipeline and Hazardous Materials Safety
Administration (PHMSA), but this
correction only affects an FMCSA
regulation.
DATES:
Effective January 3, 2012.
Mr.
Brian Routhier, Transportation
Specialist, Federal Motor Carrier Safety
Administration, Vehicle and Roadside
Operation Division, at (202) 366–4325
or FMCSA_MCPSV@dot.gov.
SUPPLEMENTARY INFORMATION: For
FMCSA and PHMSA’s Final Rule
published on December 2, 2011 (76 FR
75470), the following correction is
made:
FOR FURTHER INFORMATION CONTACT:
§ 390.3
[Corrected]
On page 75487, in § 390.3, paragraph
(f)(1), correct ‘‘(g)(2)’’ to ‘‘(f)(2)’’.
■
Issued on: December 21, 2011.
Larry Minor,
Associate Administrator for Policy, Federal
Motor Carrier Safety Administration.
[FR Doc. 2011–33198 Filed 12–29–11; 8:45 a.m.]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 111207732–1745–01]
RIN 0648–BB73
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Fishing
Restrictions for Bigeye Tuna and
Yellowfin Tuna in Purse Seine
Fisheries for 2012
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim rule; request for
comments.
AGENCY:
This interim rule extends the
dates of applicability of existing
regulations applicable to U.S. purse
seine vessels operating in the western
and central Pacific Ocean (WCPO)
through December 31, 2012. NMFS
issues this rule under authority of the
Western and Central Pacific Fisheries
Convention Implementation Act
(WCPFC Implementation Act) to
implement a decision of the
Commission for the Conservation and
Management of Highly Migratory Fish
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SUMMARY:
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Stocks in the Western and Central
Pacific Ocean (WCPFC). The WCPFC
decision, made December 20, 2011,
extends the effectiveness of the
WCPFC’s ‘‘Conservation and
Management Measure for Bigeye and
Yellowfin Tuna in the Western and
Central Pacific Ocean’’ (CMM 2008–01),
originally scheduled to expire on
December 31, 2011. CMM 2008–01 is
the basis for the existing regulations
whose dates of applicability are being
extended by this interim rule. Under
this rulemaking, these regulations now
apply through December 31, 2012, and
include limits on fishing effort,
restrictions on the use of fish
aggregating devices (FADs), closed
areas, catch retention requirements, and
requirements to carry observers. This
action is necessary for the United States
to satisfy its international obligations
under the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Convention), to which it is a
Contracting Party.
DATES: Effective on December 30, 2011,
comments must be submitted in writing
by February 28, 2012.
ADDRESSES: Comments on this interim
rule, identified by NOAA–NMFS–2011–
0296, and the regulatory impact review
(RIR) prepared for this interim rule may
be sent to either of the following
addresses:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking portal, at https://
www.regulations.gov; or
• Mail: Mail written comments to
Michael D. Tosatto, Regional
Administrator,
NMFS, Pacific Islands Regional Office
(PIRO), 1601 Kapiolani Blvd., Suite
1110, Honolulu, HI 96814–4700.
Instructions: Comments must be
submitted to one of the two addresses to
ensure that the comments are received,
documented, and considered by NMFS.
Comments sent to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
part of the public record and generally
will be posted on https://
www.regulations.gov without change.
All personal identifying information (for
example, name and address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
confidential business information or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the relevant required fields if you wish
to remain anonymous). Attachments to
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electronic comments will be accepted in
Microsoft Word or Excel, WordPerfect,
or Adobe PDF file formats only.
Copies of the RIR prepared for this
interim rule are available from https://
www.regulations.gov or may be obtained
from Michael D. Tosatto, NMFS PIRO
(see address above).
FOR FURTHER INFORMATION CONTACT: Tom
Graham, NMFS PIRO, (808) 944–2219.
SUPPLEMENTARY INFORMATION:
Electronic Access
This interim rule is also accessible at
https://www.gpoaccess.gov/fr.
Background on the Convention and the
WCPFC
The Convention Area comprises the
majority of the western and central
Pacific Ocean (WCPO). A map showing
the boundaries of the Convention Area
can be found on the WCPFC Web site
at: https://www.wcpfc.int/doc/
convention-area-map. The Convention
focuses on the conservation and
management of highly migratory species
(HMS) and the management of fisheries
for HMS. The objective of the
Convention is to ensure, through
effective management, the long-term
conservation and sustainable use of
HMS in the WCPO.
As a Contracting Party to the
Convention and a Member of the
WCPFC, the United States is obligated
to implement the decisions of the
WCPFC. The WCPFC Implementation
Act (16 U.S.C. 6901 et seq.), authorizes
the Secretary of Commerce, in
consultation with the Secretary of State
and the Secretary of the Department in
which the United States Coast Guard is
operating (currently the Department of
Homeland Security), to promulgate such
regulations as may be necessary to carry
out the obligations of the United States
under the Convention, including the
decisions of the WCPFC. The Secretary
of Commerce has delegated the
authority to promulgate regulations to
NMFS.
Existing Regulations To Implement
WCPFC Decision for Bigeye Tuna and
Yellowfin Tuna in Purse Seine
Fisheries
At its Fifth Regular Session, in
December 2008, the WCPFC adopted
CMM 2008–01. The CMM, available
with other decisions of the WCPFC at
https://www.wcpfc.int/decisions.htm,
places certain obligations on the WCPFC
Members, Participating Territories, and
Cooperating Non-members (collectively,
CCMs). The CMM was based in part on
the findings by the WCPFC that the
stock of bigeye tuna (Thunnus obesus)
in the WCPO was experiencing a fishing
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Federal Register / Vol. 76, No. 251 / Friday, December 30, 2011 / Rules and Regulations
mortality rate greater than the rate
associated with maximum sustainable
yield and that the stock of yellowfin
tuna (Thunnus albacares) in the WCPO
was experiencing a fishing mortality
rate close to the rate associated with
maximum sustainable yield. The
Convention calls for the WCPFC to
adopt measures designed to maintain or
restore stocks at levels capable of
producing maximum sustainable yield,
as qualified by relevant environmental
and economic factors. Accordingly, the
objectives of CMM 2008–01 include
achieving, over the 2009–2011 period, a
reduction in fishing mortality on bigeye
tuna in the WCPO of at least 30 percent
and no increase in fishing mortality on
yellowfin tuna in the WCPO, relative to
a specified historical baseline.
In 2009, NMFS issued regulations to
implement the applicable provisions of
CMM 2008–01, with one rule devoted to
the purse seine-related provisions of the
CMM (final rule published August 4,
2009; 74 FR 38544) and another rule
devoted to the longline-related
provisions (final rule published
December 7, 2009; 74 FR 63999). The
regulations for purse seine fishing are
codified at 50 CFR 300.223(a)–(e)
(paragraph (f), which addresses sea
turtle take mitigation, is unaffected by
this rulemaking and remains effective)
and the regulations for longline fishing
are codified at 50 CFR 300.224. In
accordance with the effective dates of
CMM 2008–01, these regulations apply
through December 31, 2011.
The existing regulations for purse
seine fishing include: (1) Specific limits
on the number of fishing days that may
be spent by the U.S. purse seine fleet on
the high seas and in areas under U.S.
jurisdiction (including the U.S.
exclusive economic zone, or EEZ)
within the Convention Area for each of:
The one-year periods 2009, 2010, and
2011 (3,882 fishing days each); the twoyear periods 2009–2010 and 2010–2011
(6,470 fishing days each); and the threeyear period 2009–2011 (7,764 fishing
days); (2) specific periods in each of the
years 2009 (August–September), 2010
(July–September) and 2011 (July–
September) during which U.S. fishing
vessels are prohibited from setting purse
seines around or within one nautical
mile of fish aggregating devices (FADs),
deploying FADs, or servicing FADs or
their associated electronic equipment in
the Convention Area; (3) two specific
areas of high seas within the Convention
Area in which U.S. purse seine vessels
are prohibited from fishing, effective
from January 1, 2010, through December
31, 2011; (4) a prohibition, which went
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into effect June 14, 2010, and continues
through December 31, 2011, on U.S.
purse seine fishing vessels from
discarding at sea within the Convention
Area any bigeye tuna, yellowfin tuna, or
skipjack tuna (Katsuwonus pelamis),
with certain exceptions; and (5) a
requirement, effective August 1 through
September 30, 2009, and from January 1,
2010, through December 31, 2011, that
U.S. purse seine vessels carry a WCPFC
observer on all trips in the Convention
Area in the area between 20° N. latitude
and 20° S. latitude, with certain
exceptions.
WCPFC Decision To Extend
Conservation and Management
Measure for Bigeye Tuna and Yellowfin
Tuna
The WCPFC was scheduled to hold its
regular annual session in December
2011, and intended to discuss at that
time CMM 2008–01, including whether
to adopt the same or changed measures
for 2012 and beyond. However, that
session was postponed unexpectedly
due to a fire at a major power plant and
resulting power failures in Palau, where
the meeting was scheduled to be held.
The annual session is now tentatively
scheduled to take place in March 2012.
Because of the postponement of its
regular annual session and the
expiration of CMM 2008–01 at the end
of 2011, the WCPFC made an
intersessional decision on December 20,
2011, to extend the effectiveness of
CMM 2008–01 until the WCPFC is able
to hold its regular annual session. The
decision specifies that those provisions
of the CMM that are tied to specific
years will continue to operate as they
did in 2011 (e.g., the dates of the FAD
prohibition period for 2012 are the same
as for 2011).
The Action
This interim rule implements, for
purse seine fisheries, the decision of the
WCPFC to extend the effectiveness of
CMM 2008–01 past December 31, 2011.
Specifically, it extends the applicable
dates of the five elements of the existing
implementing regulations for purse
seine fishing, at 50 CFR 300.223(a)–(e),
through December 31, 2012.
NMFS would implement the longlinerelated provisions of the WCPFC’s
recent decision to extend CMM 2008–01
in a separate rulemaking in early 2012.
Implementation of the longline-related
provisions of the extended CMM 2008–
01 would need to take into account
Section 113 of the recently enacted
Consolidated and Further Continuing
Appropriations Act, 2012 (Act), which
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could affect the way NMFS assigns
catches in U.S. longline fisheries with
respect to the catch limits. All other
existing regulations for longline fishing
remain in place and NMFS remains able
to account for all catches.
This interim rule amends the existing
regulations for purse seine fishing such
that they apply in 2012 as follows:
(1) Fishing Effort Limits
Limits are established on the number
of fishing days that may be spent by the
U.S. purse seine fleet on the high seas
and in areas under U.S. jurisdiction
within the Convention Area for each of:
2012 (3,882 fishing days); the two-year
period 2011–2012 (6,470 fishing days);
and the three-year period 2010–2012
(7,764 fishing days). If one of the limits
is reached and the fishery is closed with
notice from NMFS, it will be prohibited
to use a U.S. purse seine vessel to fish
in the Convention Area on the high seas
or in areas under U.S. jurisdiction until
the end of the applicable period.
(2) FAD Prohibition Period
From July 1 through September 30,
2012, owners, operators, and crew of
U.S. fishing vessels will be prohibited
from setting a purse seine around a FAD
or within one nautical mile of a FAD or
deploying or servicing a FAD or its
associated electronic equipment in the
Convention Area. It will also be
prohibited during this period to set a
purse seine in a manner intended to
capture fish that have aggregated in
association with a FAD, such as by
setting the purse seine in an area from
which a FAD has been moved or
removed within the previous eight
hours or setting the purse seine in an
area into which fish were drawn by a
vessel from the vicinity of a FAD.
(3) High Seas Area Closures
Two specific areas of high seas within
the Convention Area are closed to purse
seine fishing through December 31,
2012. The two areas are depicted on the
map in Figure 1. Figure 1. High seas
closed areas. Areas of high seas are
indicated in white; areas of claimed
national jurisdiction, including
territorial seas, archipelagic waters, and
exclusive economic zones, are indicated
in dark shading. Areas closed to purse
seine fishing through December 31,
2012, are all high seas areas (in white)
within the two rectangles bounded by
the bold black lines. The coordinates of
the two rectangles are set forth in the
regulation. This map displays indicative
maritime boundaries only.
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(4) Catch Retention
It is prohibited to discard any bigeye
tuna, yellowfin tuna, or skipjack tuna
from a U.S. purse seine vessel at sea
within the Convention Area through
December 31, 2012. Exceptions are
provided for fish that are unfit for
human consumption for reasons other
than their size, for the last set of the trip
if there is insufficient well space to
accommodate the entire catch, and for
cases of serious malfunction of
equipment that necessitate that fish be
discarded.
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(5) Observer Coverage
U.S. purse seine vessels must, through
December 31, 2012, carry observers
deployed as part of the WCPFC Regional
Observer Programme (WCPFC ROP) or
deployed by NMFS on all trips in the
Convention Area. These observer
requirements do not apply to fishing
trips for which: the portion of the
fishing trip within the Convention Area
takes place entirely within areas under
U.S. jurisdiction or entirely within areas
under the jurisdiction of any other
single nation; no fishing takes place in
the Convention Area in the area
between 20° N. latitude and 20° S.
latitude; or NMFS has determined that
an observer is not available.
These regulations are being issued
without prior notice or public comment
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because of the unexpected
postponement of this year’s regular
annual session of the WCPFC and its
consequent intersessional decision to
extend the effectiveness of CMM 2008–
01. That decision, made December 20,
2011, allowed NMFS extremely limited
time for implementation. In order to
satisfy the international obligations of
the United States as a Contracting Party
to the Convention, NMFS must
implement three of the five elements—
the high seas closed areas, the catch
retention requirements, and the observer
coverage requirements—by January 1,
2012, or as soon as possible thereafter.
NMFS believes it appropriate to include
the remaining two elements, extension
of the fishing effort limits and the FAD
prohibition period, in this interim rule
because these elements are directly
related to the other three elements, and
because their inclusion will provide the
public with notice of how these two
elements will apply in 2012. However,
NMFS notes that any closure resulting
from reaching one of the limits on
fishing effort will go into effect only if
and when one of the limits is reached
in 2012, and that the FAD-related
restrictions will be in effect from July 1,
2012, through September 30, 2012.
NMFS will consider public comments
on this interim rule and issue a final
rule, as appropriate.
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The WCPFC may make a binding
decision at its anticipated annual
session in early 2012 that would alter
the extended provisions of CMM 2008–
01 as they apply in 2012. NMFS would
undertake another rulemaking, as
appropriate, to implement that decision.
Classification
The NMFS Assistant Administrator
has determined that this interim rule is
consistent with the WCPFC
Implementation Act and other
applicable laws.
Administrative Procedure Act
There is good cause under 5 U.S.C.
553(b)(B) to waive prior notice and prior
opportunity for public comment on this
action. This rule will continue
regulations implemented under the
authority of CMM 2008–01 and the
WCPFC Implementation Act beyond the
current expiration of December 31,
2011. Affected entities have been
subject to these measures since 2009.
The conditions prompting the
regulations established in 2009 remain
largely unchanged. However, the
WCPFC did not decide to extend CMM
2008–01 until December 20, 2011. The
decision was prompted by the
unexpected postponement of the
WCPFC annual session scheduled for
December 2011. Thus, NMFS had
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limited notice of the need to implement
the WCPFC decision to extend CMM
2008–01. In order to satisfy its
international obligations under the
Convention and ensure there is no gap,
or as brief a gap as possible, in the
application of important conservation
measures for bigeye tuna and yellowfin
tuna, NMFS must implement the
provisions of the WCPFC’s decision to
extend the provisions of CMM 2008–01
applicable to purse seine fisheries by
January 1, 2012, or as soon as possible
thereafter. NMFS would not be able to
do so if it provided opportunity for prior
notice and prior public comment.
Therefore, prior notice and prior
opportunity for public comment on this
action would be impracticable and
contrary to the public interest.
There is also good cause under 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effective date. As described
above, NMFS had limited notice of the
need to implement the WCPFC
intersessional decision to extend CMM
2008–01. These measures are intended
to reduce fishing pressure on bigeye
tuna and yellowfin tuna in the WCPO in
order to maintain or restore stocks at
levels capable of producing maximum
sustainable yield on a continuing basis.
The conditions prompting the existing
regulations remain largely unchanged,
and failure to immediately extend those
regulations consistent with the WCPFC
intersessional decision while the
WCPFC develops more lasting
international conservation measures
could result in excessive fishing
pressure on these stocks, in violation of
international and domestic obligations.
Therefore, NMFS must implement the
provisions of the WCPFC’s decision to
extend the provisions of CMM 2008–01
applicable to purse seine fisheries by
January 1, 2012, or as soon as possible
thereafter. NMFS would not be able to
do so if it provided a 30-day delay in
effective date. Therefore, compliance
with the 30-day delay requirement
would be impracticable and contrary to
the public interest.
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Coastal Zone Management Act (CZMA)
NMFS has determined that this rule
will be implemented in a manner
consistent, to the maximum extent
practicable, with the enforceable
policies of the approved coastal zone
management programs of American
Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and
the State of Hawaii. This determination
has been submitted for review by the
responsible territorial and state agencies
under section 307 of the CZMA.
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Executive Order 12866
This interim rule has been determined
to be not significant for purposes of
Executive Order 12866.
National Environmental Policy Act
This interim rule is an extension or a
change in the period of effectiveness of
a regulation that has been subject to
prior analyses supporting a finding of
no significant impact determination. As
such, NMFS has determined that this
action is categorically excluded from the
need to prepare an Environmental
Assessment or an Environmental Impact
Statement, pursuant to NOAA
Administrative Order 216–6, Section
6.03d.4(a).
Regulatory Flexibility Act
This interim rule is exempt from the
procedures of the Regulatory Flexibility
Act because the rule is issued without
opportunity for prior public comment.
List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
Dated: December 27, 2011.
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 is amended
as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart O—Western and Central
Pacific Fisheries for Highly Migratory
Species
1. The authority citation for 50 CFR
part 300, subpart O, continues to read as
follows:
■
Authority: 16 U.S.C. 6901 et seq.
82183
(iii) For each of the three-year periods
2009–2011 and 2010–2012, there is a
limit of 7,764 fishing days.
*
*
*
*
*
(b) Use of fish aggregating devices.
From August 1 through September 30,
2009, and from July 1 through
September 30 in each of 2010, 2011, and
2012, owners, operators, and crew of
fishing vessels of the United States shall
not do any of the following in the
Convention Area:
*
*
*
*
*
(c) Closed areas. (1) Effective January
1, 2010, through December 31, 2012, a
fishing vessel of the United States may
not be used to fish with purse seine gear
on the high seas within either Area A or
Area B, the respective boundaries of
which are the four lines connecting, in
the most direct fashion, the coordinates
specified as follows:
*
*
*
*
*
(d) * * *
(3) Effective from the date announced
pursuant to paragraph (d)(1) of this
section through December 31, 2012, a
fishing vessel of the United States
equipped with purse seine gear may not
discard at sea within the Convention
Area any bigeye tuna (Thunnus obesus),
yellowfin tuna (Thunnus albacares), or
skipjack tuna (Katsuwonus pelamis),
except in the following circumstances
and with the following conditions:
*
*
*
*
*
(e) * * *
(2) Effective January 1, 2010, through
December 31, 2012, a fishing vessel of
the United States may not be used to
fish with purse seine gear in the
Convention Area without a WCPFC
observer on board. This requirement
does not apply to fishing trips that meet
any of the following conditions:
*
*
*
*
*
[FR Doc. 2011–33593 Filed 12–29–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
2. In § 300.223, paragraphs (a)(1)(i),
(a)(1)(ii), (a)(1)(iii), and introductory text
to paragraphs (b), (c)(1), (d)(3), and (e)(2)
are revised to read as follows:
National Oceanic and Atmospheric
Administration
§ 300.223
[Docket No. 110831547–1736–02]
■
Purse seine fishing restrictions.
*
*
*
*
*
(a) * * *
(1) * * *
(i) For each of the years 2009, 2010,
2011, and 2012 there is a limit of 3,882
fishing days.
(ii) For each of the two-year periods
2009–2010, 2010–2011, and 2011–2012,
there is a limit of 6,470 fishing days.
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50 CFR Part 622
RIN 0648–BB26
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic;
Comprehensive Ecosystem-Based
Amendment 2 for the South Atlantic
Region
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Agencies
[Federal Register Volume 76, Number 251 (Friday, December 30, 2011)]
[Rules and Regulations]
[Pages 82180-82183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33593]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 111207732-1745-01]
RIN 0648-BB73
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Fishing Restrictions for Bigeye Tuna and
Yellowfin Tuna in Purse Seine Fisheries for 2012
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim rule extends the dates of applicability of
existing regulations applicable to U.S. purse seine vessels operating
in the western and central Pacific Ocean (WCPO) through December 31,
2012. NMFS issues this rule under authority of the Western and Central
Pacific Fisheries Convention Implementation Act (WCPFC Implementation
Act) to implement a decision of the Commission for the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean (WCPFC). The WCPFC decision, made December 20, 2011,
extends the effectiveness of the WCPFC's ``Conservation and Management
Measure for Bigeye and Yellowfin Tuna in the Western and Central
Pacific Ocean'' (CMM 2008-01), originally scheduled to expire on
December 31, 2011. CMM 2008-01 is the basis for the existing
regulations whose dates of applicability are being extended by this
interim rule. Under this rulemaking, these regulations now apply
through December 31, 2012, and include limits on fishing effort,
restrictions on the use of fish aggregating devices (FADs), closed
areas, catch retention requirements, and requirements to carry
observers. This action is necessary for the United States to satisfy
its international obligations under the Convention on the Conservation
and Management of Highly Migratory Fish Stocks in the Western and
Central Pacific Ocean (Convention), to which it is a Contracting Party.
DATES: Effective on December 30, 2011, comments must be submitted in
writing by February 28, 2012.
ADDRESSES: Comments on this interim rule, identified by NOAA-NMFS-2011-
0296, and the regulatory impact review (RIR) prepared for this interim
rule may be sent to either of the following addresses:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking portal, at https://www.regulations.gov; or
Mail: Mail written comments to Michael D. Tosatto,
Regional Administrator,
NMFS, Pacific Islands Regional Office (PIRO), 1601 Kapiolani Blvd.,
Suite 1110, Honolulu, HI 96814-4700.
Instructions: Comments must be submitted to one of the two
addresses to ensure that the comments are received, documented, and
considered by NMFS. Comments sent to any other address or individual,
or received after the end of the comment period, may not be considered.
All comments received are part of the public record and generally will
be posted on https://www.regulations.gov without change. All personal
identifying information (for example, name and address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information. NMFS will accept anonymous comments (enter ``N/A'' in the
relevant required fields if you wish to remain anonymous). Attachments
to electronic comments will be accepted in Microsoft Word or Excel,
WordPerfect, or Adobe PDF file formats only.
Copies of the RIR prepared for this interim rule are available from
https://www.regulations.gov or may be obtained from Michael D. Tosatto,
NMFS PIRO (see address above).
FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS PIRO, (808) 944-2219.
SUPPLEMENTARY INFORMATION:
Electronic Access
This interim rule is also accessible at https://www.gpoaccess.gov/fr.
Background on the Convention and the WCPFC
The Convention Area comprises the majority of the western and
central Pacific Ocean (WCPO). A map showing the boundaries of the
Convention Area can be found on the WCPFC Web site at: https://www.wcpfc.int/doc/convention-area-map. The Convention focuses on the
conservation and management of highly migratory species (HMS) and the
management of fisheries for HMS. The objective of the Convention is to
ensure, through effective management, the long-term conservation and
sustainable use of HMS in the WCPO.
As a Contracting Party to the Convention and a Member of the WCPFC,
the United States is obligated to implement the decisions of the WCPFC.
The WCPFC Implementation Act (16 U.S.C. 6901 et seq.), authorizes the
Secretary of Commerce, in consultation with the Secretary of State and
the Secretary of the Department in which the United States Coast Guard
is operating (currently the Department of Homeland Security), to
promulgate such regulations as may be necessary to carry out the
obligations of the United States under the Convention, including the
decisions of the WCPFC. The Secretary of Commerce has delegated the
authority to promulgate regulations to NMFS.
Existing Regulations To Implement WCPFC Decision for Bigeye Tuna and
Yellowfin Tuna in Purse Seine Fisheries
At its Fifth Regular Session, in December 2008, the WCPFC adopted
CMM 2008-01. The CMM, available with other decisions of the WCPFC at
https://www.wcpfc.int/decisions.htm, places certain obligations on the
WCPFC Members, Participating Territories, and Cooperating Non-members
(collectively, CCMs). The CMM was based in part on the findings by the
WCPFC that the stock of bigeye tuna (Thunnus obesus) in the WCPO was
experiencing a fishing
[[Page 82181]]
mortality rate greater than the rate associated with maximum
sustainable yield and that the stock of yellowfin tuna (Thunnus
albacares) in the WCPO was experiencing a fishing mortality rate close
to the rate associated with maximum sustainable yield. The Convention
calls for the WCPFC to adopt measures designed to maintain or restore
stocks at levels capable of producing maximum sustainable yield, as
qualified by relevant environmental and economic factors. Accordingly,
the objectives of CMM 2008-01 include achieving, over the 2009-2011
period, a reduction in fishing mortality on bigeye tuna in the WCPO of
at least 30 percent and no increase in fishing mortality on yellowfin
tuna in the WCPO, relative to a specified historical baseline.
In 2009, NMFS issued regulations to implement the applicable
provisions of CMM 2008-01, with one rule devoted to the purse seine-
related provisions of the CMM (final rule published August 4, 2009; 74
FR 38544) and another rule devoted to the longline-related provisions
(final rule published December 7, 2009; 74 FR 63999). The regulations
for purse seine fishing are codified at 50 CFR 300.223(a)-(e)
(paragraph (f), which addresses sea turtle take mitigation, is
unaffected by this rulemaking and remains effective) and the
regulations for longline fishing are codified at 50 CFR 300.224. In
accordance with the effective dates of CMM 2008-01, these regulations
apply through December 31, 2011.
The existing regulations for purse seine fishing include: (1)
Specific limits on the number of fishing days that may be spent by the
U.S. purse seine fleet on the high seas and in areas under U.S.
jurisdiction (including the U.S. exclusive economic zone, or EEZ)
within the Convention Area for each of: The one-year periods 2009,
2010, and 2011 (3,882 fishing days each); the two-year periods 2009-
2010 and 2010-2011 (6,470 fishing days each); and the three-year period
2009-2011 (7,764 fishing days); (2) specific periods in each of the
years 2009 (August-September), 2010 (July-September) and 2011 (July-
September) during which U.S. fishing vessels are prohibited from
setting purse seines around or within one nautical mile of fish
aggregating devices (FADs), deploying FADs, or servicing FADs or their
associated electronic equipment in the Convention Area; (3) two
specific areas of high seas within the Convention Area in which U.S.
purse seine vessels are prohibited from fishing, effective from January
1, 2010, through December 31, 2011; (4) a prohibition, which went into
effect June 14, 2010, and continues through December 31, 2011, on U.S.
purse seine fishing vessels from discarding at sea within the
Convention Area any bigeye tuna, yellowfin tuna, or skipjack tuna
(Katsuwonus pelamis), with certain exceptions; and (5) a requirement,
effective August 1 through September 30, 2009, and from January 1,
2010, through December 31, 2011, that U.S. purse seine vessels carry a
WCPFC observer on all trips in the Convention Area in the area between
20[deg] N. latitude and 20[deg] S. latitude, with certain exceptions.
WCPFC Decision To Extend Conservation and Management Measure for Bigeye
Tuna and Yellowfin Tuna
The WCPFC was scheduled to hold its regular annual session in
December 2011, and intended to discuss at that time CMM 2008-01,
including whether to adopt the same or changed measures for 2012 and
beyond. However, that session was postponed unexpectedly due to a fire
at a major power plant and resulting power failures in Palau, where the
meeting was scheduled to be held. The annual session is now tentatively
scheduled to take place in March 2012. Because of the postponement of
its regular annual session and the expiration of CMM 2008-01 at the end
of 2011, the WCPFC made an intersessional decision on December 20,
2011, to extend the effectiveness of CMM 2008-01 until the WCPFC is
able to hold its regular annual session. The decision specifies that
those provisions of the CMM that are tied to specific years will
continue to operate as they did in 2011 (e.g., the dates of the FAD
prohibition period for 2012 are the same as for 2011).
The Action
This interim rule implements, for purse seine fisheries, the
decision of the WCPFC to extend the effectiveness of CMM 2008-01 past
December 31, 2011. Specifically, it extends the applicable dates of the
five elements of the existing implementing regulations for purse seine
fishing, at 50 CFR 300.223(a)-(e), through December 31, 2012.
NMFS would implement the longline-related provisions of the WCPFC's
recent decision to extend CMM 2008-01 in a separate rulemaking in early
2012. Implementation of the longline-related provisions of the extended
CMM 2008-01 would need to take into account Section 113 of the recently
enacted Consolidated and Further Continuing Appropriations Act, 2012
(Act), which could affect the way NMFS assigns catches in U.S. longline
fisheries with respect to the catch limits. All other existing
regulations for longline fishing remain in place and NMFS remains able
to account for all catches.
This interim rule amends the existing regulations for purse seine
fishing such that they apply in 2012 as follows:
(1) Fishing Effort Limits
Limits are established on the number of fishing days that may be
spent by the U.S. purse seine fleet on the high seas and in areas under
U.S. jurisdiction within the Convention Area for each of: 2012 (3,882
fishing days); the two-year period 2011-2012 (6,470 fishing days); and
the three-year period 2010-2012 (7,764 fishing days). If one of the
limits is reached and the fishery is closed with notice from NMFS, it
will be prohibited to use a U.S. purse seine vessel to fish in the
Convention Area on the high seas or in areas under U.S. jurisdiction
until the end of the applicable period.
(2) FAD Prohibition Period
From July 1 through September 30, 2012, owners, operators, and crew
of U.S. fishing vessels will be prohibited from setting a purse seine
around a FAD or within one nautical mile of a FAD or deploying or
servicing a FAD or its associated electronic equipment in the
Convention Area. It will also be prohibited during this period to set a
purse seine in a manner intended to capture fish that have aggregated
in association with a FAD, such as by setting the purse seine in an
area from which a FAD has been moved or removed within the previous
eight hours or setting the purse seine in an area into which fish were
drawn by a vessel from the vicinity of a FAD.
(3) High Seas Area Closures
Two specific areas of high seas within the Convention Area are
closed to purse seine fishing through December 31, 2012. The two areas
are depicted on the map in Figure 1. Figure 1. High seas closed areas.
Areas of high seas are indicated in white; areas of claimed national
jurisdiction, including territorial seas, archipelagic waters, and
exclusive economic zones, are indicated in dark shading. Areas closed
to purse seine fishing through December 31, 2012, are all high seas
areas (in white) within the two rectangles bounded by the bold black
lines. The coordinates of the two rectangles are set forth in the
regulation. This map displays indicative maritime boundaries only.
[[Page 82182]]
[GRAPHIC] [TIFF OMITTED] TR30DE11.006
(4) Catch Retention
It is prohibited to discard any bigeye tuna, yellowfin tuna, or
skipjack tuna from a U.S. purse seine vessel at sea within the
Convention Area through December 31, 2012. Exceptions are provided for
fish that are unfit for human consumption for reasons other than their
size, for the last set of the trip if there is insufficient well space
to accommodate the entire catch, and for cases of serious malfunction
of equipment that necessitate that fish be discarded.
(5) Observer Coverage
U.S. purse seine vessels must, through December 31, 2012, carry
observers deployed as part of the WCPFC Regional Observer Programme
(WCPFC ROP) or deployed by NMFS on all trips in the Convention Area.
These observer requirements do not apply to fishing trips for which:
the portion of the fishing trip within the Convention Area takes place
entirely within areas under U.S. jurisdiction or entirely within areas
under the jurisdiction of any other single nation; no fishing takes
place in the Convention Area in the area between 20[deg] N. latitude
and 20[deg] S. latitude; or NMFS has determined that an observer is not
available.
These regulations are being issued without prior notice or public
comment because of the unexpected postponement of this year's regular
annual session of the WCPFC and its consequent intersessional decision
to extend the effectiveness of CMM 2008-01. That decision, made
December 20, 2011, allowed NMFS extremely limited time for
implementation. In order to satisfy the international obligations of
the United States as a Contracting Party to the Convention, NMFS must
implement three of the five elements--the high seas closed areas, the
catch retention requirements, and the observer coverage requirements--
by January 1, 2012, or as soon as possible thereafter. NMFS believes it
appropriate to include the remaining two elements, extension of the
fishing effort limits and the FAD prohibition period, in this interim
rule because these elements are directly related to the other three
elements, and because their inclusion will provide the public with
notice of how these two elements will apply in 2012. However, NMFS
notes that any closure resulting from reaching one of the limits on
fishing effort will go into effect only if and when one of the limits
is reached in 2012, and that the FAD-related restrictions will be in
effect from July 1, 2012, through September 30, 2012. NMFS will
consider public comments on this interim rule and issue a final rule,
as appropriate.
The WCPFC may make a binding decision at its anticipated annual
session in early 2012 that would alter the extended provisions of CMM
2008-01 as they apply in 2012. NMFS would undertake another rulemaking,
as appropriate, to implement that decision.
Classification
The NMFS Assistant Administrator has determined that this interim
rule is consistent with the WCPFC Implementation Act and other
applicable laws.
Administrative Procedure Act
There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice
and prior opportunity for public comment on this action. This rule will
continue regulations implemented under the authority of CMM 2008-01 and
the WCPFC Implementation Act beyond the current expiration of December
31, 2011. Affected entities have been subject to these measures since
2009. The conditions prompting the regulations established in 2009
remain largely unchanged. However, the WCPFC did not decide to extend
CMM 2008-01 until December 20, 2011. The decision was prompted by the
unexpected postponement of the WCPFC annual session scheduled for
December 2011. Thus, NMFS had
[[Page 82183]]
limited notice of the need to implement the WCPFC decision to extend
CMM 2008-01. In order to satisfy its international obligations under
the Convention and ensure there is no gap, or as brief a gap as
possible, in the application of important conservation measures for
bigeye tuna and yellowfin tuna, NMFS must implement the provisions of
the WCPFC's decision to extend the provisions of CMM 2008-01 applicable
to purse seine fisheries by January 1, 2012, or as soon as possible
thereafter. NMFS would not be able to do so if it provided opportunity
for prior notice and prior public comment. Therefore, prior notice and
prior opportunity for public comment on this action would be
impracticable and contrary to the public interest.
There is also good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effective date. As described above, NMFS had limited
notice of the need to implement the WCPFC intersessional decision to
extend CMM 2008-01. These measures are intended to reduce fishing
pressure on bigeye tuna and yellowfin tuna in the WCPO in order to
maintain or restore stocks at levels capable of producing maximum
sustainable yield on a continuing basis. The conditions prompting the
existing regulations remain largely unchanged, and failure to
immediately extend those regulations consistent with the WCPFC
intersessional decision while the WCPFC develops more lasting
international conservation measures could result in excessive fishing
pressure on these stocks, in violation of international and domestic
obligations. Therefore, NMFS must implement the provisions of the
WCPFC's decision to extend the provisions of CMM 2008-01 applicable to
purse seine fisheries by January 1, 2012, or as soon as possible
thereafter. NMFS would not be able to do so if it provided a 30-day
delay in effective date. Therefore, compliance with the 30-day delay
requirement would be impracticable and contrary to the public interest.
Coastal Zone Management Act (CZMA)
NMFS has determined that this rule will be implemented in a manner
consistent, to the maximum extent practicable, with the enforceable
policies of the approved coastal zone management programs of American
Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the
State of Hawaii. This determination has been submitted for review by
the responsible territorial and state agencies under section 307 of the
CZMA.
Executive Order 12866
This interim rule has been determined to be not significant for
purposes of Executive Order 12866.
National Environmental Policy Act
This interim rule is an extension or a change in the period of
effectiveness of a regulation that has been subject to prior analyses
supporting a finding of no significant impact determination. As such,
NMFS has determined that this action is categorically excluded from the
need to prepare an Environmental Assessment or an Environmental Impact
Statement, pursuant to NOAA Administrative Order 216-6, Section
6.03d.4(a).
Regulatory Flexibility Act
This interim rule is exempt from the procedures of the Regulatory
Flexibility Act because the rule is issued without opportunity for
prior public comment.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: December 27, 2011.
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 is amended
as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart O--Western and Central Pacific Fisheries for Highly
Migratory Species
0
1. The authority citation for 50 CFR part 300, subpart O, continues to
read as follows:
Authority: 16 U.S.C. 6901 et seq.
0
2. In Sec. 300.223, paragraphs (a)(1)(i), (a)(1)(ii), (a)(1)(iii), and
introductory text to paragraphs (b), (c)(1), (d)(3), and (e)(2) are
revised to read as follows:
Sec. 300.223 Purse seine fishing restrictions.
* * * * *
(a) * * *
(1) * * *
(i) For each of the years 2009, 2010, 2011, and 2012 there is a
limit of 3,882 fishing days.
(ii) For each of the two-year periods 2009-2010, 2010-2011, and
2011-2012, there is a limit of 6,470 fishing days.
(iii) For each of the three-year periods 2009-2011 and 2010-2012,
there is a limit of 7,764 fishing days.
* * * * *
(b) Use of fish aggregating devices. From August 1 through
September 30, 2009, and from July 1 through September 30 in each of
2010, 2011, and 2012, owners, operators, and crew of fishing vessels of
the United States shall not do any of the following in the Convention
Area:
* * * * *
(c) Closed areas. (1) Effective January 1, 2010, through December
31, 2012, a fishing vessel of the United States may not be used to fish
with purse seine gear on the high seas within either Area A or Area B,
the respective boundaries of which are the four lines connecting, in
the most direct fashion, the coordinates specified as follows:
* * * * *
(d) * * *
(3) Effective from the date announced pursuant to paragraph (d)(1)
of this section through December 31, 2012, a fishing vessel of the
United States equipped with purse seine gear may not discard at sea
within the Convention Area any bigeye tuna (Thunnus obesus), yellowfin
tuna (Thunnus albacares), or skipjack tuna (Katsuwonus pelamis), except
in the following circumstances and with the following conditions:
* * * * *
(e) * * *
(2) Effective January 1, 2010, through December 31, 2012, a fishing
vessel of the United States may not be used to fish with purse seine
gear in the Convention Area without a WCPFC observer on board. This
requirement does not apply to fishing trips that meet any of the
following conditions:
* * * * *
[FR Doc. 2011-33593 Filed 12-29-11; 8:45 am]
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