International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions in the Eastern Pacific Ocean, 19487-19490 [2014-07905]
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<![CDATA[
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Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations
The Codex has not established MRLs
for imazapyr on soybean.
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V. Conclusion
Therefore, tolerances are established
for residues of imazapyr, [2-[4,5dihydro-4-methyl-4-(1-methylethyl)-5oxo-1H-imidazol-2-yl]-3pyridinecarboxylic acid], in or on
soybean, meal at 4.5 ppm; and soybean,
seed at 4.0 ppm.
VI. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this final rule
has been exempted from review under
Executive Order 12866, this final rule is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This final rule does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
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the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: March 27, 2014.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.500, revise the introductory
text of paragraph (a) and add
alphabetically the following
commodities to the table in paragraph
(a) to read as follows:
■
§ 180.500 Imazapyr; tolerances for
residues.
(a) General. Tolerances are
established for residues of the herbicide,
imazapyr, including its metabolites and
degradates, in or on the commodities in
the following table. Compliance with
the tolerance levels specified in the
following table is to be determined by
measuring only the residues of imazapyr
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[2-[4,5-dihydro-4-methyl-4-(1methylethyl)-5-oxo-1H-imidazol-2-yl]-3pyridinecarboxylic acid].
Commodity
Parts per million
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Soybean, meal 1 ..............
Soybean, seed 1 ..............
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1 There
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4.5
4.0
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are no U.S. registrations.
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[FR Doc. 2014–07694 Filed 4–8–14; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 130717632–4285–02]
RIN 0648–BD52
International Fisheries; Pacific Tuna
Fisheries; Fishing Restrictions in the
Eastern Pacific Ocean
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is issuing regulations
under the Tuna Conventions Act of
1950, as amended, to implement
decisions of the Inter-American Tropical
Tuna Commission (IATTC). At its
eighty-fifth meeting in June 2013, the
IATTC adopted a number of resolutions,
some of which require rulemaking to
implement domestic regulations in the
United States. This final rule
implements one of these decisions: the
Resolution on a Multiannual Program
for the Conservation of Tuna in the
Eastern Pacific Ocean during 2014–2016
(Resolution C–13–01). This final rule
extends the effective period of the
regulations in the IATTC Convention
Area that expired at the end of 2013 and
provides purse seine owners with
greater flexibility by allowing for an
exemption during the closure periods
due to force majeure. The expired
regulations included a 500-metric ton
bigeye tuna (Thunnus obesus) calendar
year catch limit applicable to longline
vessels greater than 24 meters in overall
length and a 62-day closure period
applicable each year to purse seine
vessels of class size 4 to 6 (greater than
182 metric tons). The final rule also
SUMMARY:
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includes an exemption to the purse
seine closures due to force majeure.
Implementation of Resolution C–13–01
is necessary for the United States to
satisfy its obligations as a member of the
IATTC.
DATES: This final rule is effective May 9,
2014.
ADDRESSES: Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this final rule may be submitted to
(enter office name) and by email to
OIRA_Submission@omb.eop.gov, or fax
to (202) 395–7285. Copies of supporting
documents that were prepared for this
final rule, including the regulatory
impact review (RIR), as well as the
proposed rule, are available via the
Federal e-Rulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2014–0014 or contact with the
Regional Administrator, William W.
Stelle, Jr., NMFS West Coast Regional
Office, 7600 Sand Point Way, NE., Bldg
1, Seattle, WA 98115–0070, or
RegionalAdministrator.WCRHMS@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Heidi Taylor, NMFS at 562–980–4039 or
Celia Barroso, NOAA/NMFS Affiliate at
562–432–1850.
SUPPLEMENTARY INFORMATION:
Background
On February 5, 2014, NMFS
published a proposed rule in the
Federal Register (79 FR 6876) that
would revise and add to regulations at
50 CFR part 300, subpart C. The purpose
of the proposed rule was to implement
IATTC Resolution C–13–01, Resolution
on a Multiannual Program for the
Conservation of Tuna in the Eastern
Pacific Ocean during 2014–2016, and
was open to public comment through
February 25, 2014. One comment was
received and it was in support of the
proposed conservation and management
measures. No changes have been made
to the proposed rule.
This final rule is implemented under
authority of the Tuna Conventions Act
(16 U.S.C. 951–961), which authorizes
the Secretary of Commerce with
approval by the Secretary of State, to
promulgate such regulations as may be
necessary to carry out the obligations of
the United States as a member of the
1949 Convention for the Establishment
of an Inter-American Tropical Tuna
Commission (Convention), including
the decisions of the IATTC. The
authority to promulgate regulations has
been delegated to NMFS.
The proposed rule included
background information on the
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Convention and the IATTC, the
international obligations of the United
States under the Convention and the
basis for the proposed regulations,
which are not repeated here.
Tuna Conservation Measures for 2014
Through 2016
This final rule extends the effective
period of the purse seine closure period
of 62 days, which expired at the end of
2013, to the years 2014 through 2016.
Therefore, this final rule prohibits purse
seine vessels subject to these
requirements from fishing in the
Convention Area for a period of 62 days
in each fishing year for 2014, 2015, and
2016. This rule also continues to give
applicable purse seine vessel owners the
ability to choose between the two
possible closure periods for each fishing
year in 2014 through 2016. These
closures would be in one of two periods
in each year as follows:
2014: 29 July to 28 September, or from
18 November to 18 January 2015.
2015: 29 July to 28 September, or from
18 November to 18 January 2016.
2016: 29 July to 28 September, or from
18 November to 18 January 2017.
A vessel’s owner, manager, or
association representative is required to
provide the West Coast Regional
Administrator, via fax to (562) 980–4047
or email to
RegionalAdministrator.WCRHMS@
noaa.gov, by July 1 of each fishing year
(2014, 2015, and 2016) with the
following information: (1) Name and
official number of fishing vessel; (2) the
closure period the vessel will adhere to
in that year; and, (3) the vessel owner
or managing owner’s name and
signature. If a vessel owner fails to
notify the Regional Administrator of his
or her choice by the July 1 deadline, the
vessel is subject to the later closure
period (November 18 to January 18 of
the following calendar year) by default.
A purse seine vessel owner may
request an exemption to the 62-day
closure described in the paragraph
above due to force majeure, in which a
vessel is rendered unable to return to
sea for a period of at least 62 days. Force
majeure is defined as a situation in
which a vessel is disabled due to
mechanical and/or structural failure,
fire, or explosion. To place a request for
exemption due to force majeure, the
vessel operator is required to contact the
NMFS West Coast Region Sustainable
Fisheries Division Assistant Regional
Administrator, via email or fax, and
provide evidence necessary to
demonstrate that the vessel did not
proceed to sea for at least 62 days and
that the facts on which the request for
exemption is based were due to force
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majeure. If an exemption is initially
denied, a request for reconsideration
may be made within 10 days to the West
Coast Regional Administrator. If the
request is accepted, the purse seine
vessel owner may observe a reduced
closure period of 30 consecutive days.
This final rule also extends the
effective period of the high seas time/
area closure for tuna purse seine vessels
in class sizes 4 to 6, which expired at
the end of 2013, to 2014 through 2016.
The area is bounded at the east and west
by 96° and 110° W. longitude and
bounded at the north and south by 4° N.
and 3° S. latitude. In addition, this rule
extends, from 2014 through 2016, the
annual bigeye tuna catch limit of 500
metric tons in the Convention Area for
U.S. longline vessels over 24 meters in
overall length.
Classification
The NMFS Assistant Administrator
has determined that this final rule is
consistent with the Tuna Conventions
Act and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a Final
Regulatory Flexibility Analysis was not
required and none was prepared.
This final rule contains a collectionof-information requirement subject to
the Paperwork Reduction Act (PRA) and
which has been approved by OMB
under control number 0648–0387.
Public reporting burden for the request
for exemption due to force majeure is
estimated to average 1 hour per
response, including the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
of information. Send comments
regarding these burden estimates or any
other aspect of this data collection,
including suggestions for reducing the
burden, to NMFS (see ADDRESSES) and
by email to OIRA_Submission@
omb.eop.gov, or fax to 202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
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to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
■
List of Subjects in 50 CFR Part 300
§ 300.25 Eastern Pacific fisheries
management.
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
Dated: April 3, 2014.
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
1. The authority citation for 50 CFR
part 300, subpart C, continues to read as
follows:
■
Authority: 16 U.S.C. 951–961 et seq.
2. In § 300.21, revise the definition for
‘‘Regional Administrator’’, and add the
definitions for ‘‘Force majeure’’,
‘‘Overall length’’, and ‘‘Sustainable
Fisheries Division (SFD) ’’ in
alphabetical order to read as follows:
■
§ 300.21
Definitions.
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Force majeure means, for the purpose
of § 300.25, a situation in which a vessel
is disabled by mechanical and/or
structural failure, fire or explosion.
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Overall length means registered
length, or the horizontal distance
between the outboard side of the
foremost part of the stem and the
outboard side of the aftermost part of
the stern, excluding rudders, outboard
motor brackets, and other similar
fittings and attachments for a single-hull
vessel; for a multi-hull vessel, it is the
horizontal distance between the
outboard side of the foremost part of the
stem of the foremost hull and the
outboard side of the aftermost part of
the stern of the aftermost hull,
excluding fittings or attachments (See
46 CFR 69.203).
Regional Administrator means the
Regional Administrator for the West
Coast Region, National Marine Fisheries
Service, or a designee.
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Sustainable Fisheries Division (SFD)
means the Assistant Regional
Administrator for the Sustainable
Fisheries Division, West Coast Region,
National Marine Fisheries Service, or a
designee.
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3. In § 300.25, the heading of
paragraph (b) and paragraphs (b)(2) and
(f) are revised to read as follows:
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(b) Tuna catch limits in the longline
fishery in the Convention Area. (1)
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(2) For each of the calendar years
2014, 2015, and 2016, there is a limit of
500 metric tons of bigeye tuna that may
be captured and landed by longline gear
in the Convention Area by fishing
vessels of the United States that are over
24 meters in overall length.
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(f) Purse seine closures in the
Convention Area. (1) A fishing vessel of
the United States of class size 4–6 (more
than 182 metric tons carrying capacity)
may not be used to fish with purse seine
gear in the Convention Area for 62 days
in each of the years 2014, 2015, and
2016 during one of the following two
periods:
(i) From 0000 hours UTC on July 29
to 2400 hours UTC on September 28, or
(ii) From 0000 hours UTC on
November 18 to 2400 hours UTC on
January 18 of the following year.
(2) A vessel owner, manager, or
association representative of a vessel
that is subject to the requirements of
paragraph (f)(1) of this section must in
2014, 2015, and 2016 provide written
notification to the Regional
Administrator declaring to which one of
the two closure periods identified in
paragraph (f)(1) of this section his or her
vessel will adhere in that year. This
written notification must be submitted
by fax at (562) 980–4047 or email at
RegionalAdministrator.WCRHMS@
noaa.gov and must be received no later
than July 1 in each of the years 2014,
2015, and 2016. The written notification
must include the vessel name and
registration number, the closure dates
that will be adhered to by that vessel,
and the vessel owner or managing
owner’s name, signature, business
address, and business telephone
number.
(3) If written notification is not
submitted per paragraph (f)(2) of this
section for a vessel subject to the
requirements under paragraph (f)(1) of
this section, that vessel must adhere to
the closure period under paragraph
(f)(1)(ii) of this section.
(4) Request for exemption due to force
majeure. A request for exemption due to
force majeure must be made to the
Sustainable Fisheries Division by fax at
(562) 980–4047 or emailed to
RegionalAdministrator.WCRHMS@
noaa.gov. The request must include the
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19489
name and official number of the vessel,
vessel owner or manager’s name and
signature, and evidence to support the
request, which may include but is not
limited to photographs, repair bills,
certificates of departure from port, and
in the case of a marine casualty, a
completed copy of the U.S. Coast Guard
Form CG–2692A (See 46 CFR 4.05–10).
(i) If accepted by the Sustainable
Fisheries Division, the request for
exemption due to force majeure will be
forwarded to the IATTC Director. If
declined by the Sustainable Fisheries
Division, within 10 days of the date that
rejection, the applicant may give
additional information or
documentation to the Regional
Administrator with a request that the
initial decision be reconsidered by fax at
(562) 980–4047 or email to
RegionalAdministrator.WCRHMS@
noaa.gov; the Regional Administrator
shall respond within 14 business days.
(ii) If the request for an exemption
due to force majeure is accepted by the
IATTC, the vessel must observe a
closure period of 30 consecutive days in
the same year during which the force
majeure event occurred, in one of the
two closure periods described in
paragraph (f)(1) of this section.
(5) A vessel of class size 4 (182 to 272
metric tons carrying capacity) may make
one fishing trip of up to 30 days
duration during the specified closure
period in paragraph (f)(1) of this section,
provided that the vessel carries an
observer of the On-Board Observer
Program of the Agreement on the
International Dolphin Conservation
Program during the entire fishing trip.
(6) A fishing vessel of the United
States of class size 4–6 (more than 182
metric tons carrying capacity) may not
be used from 0000 hours on September
29 to 2400 hours on October 29 in the
years 2014, 2015, and 2016 to fish with
purse seine gear within the area
bounded at the east and west by 96° and
110° W. longitude and bounded at the
north and south by 4° N. and 3° S.
latitude.
(7) At all times while a vessel is in a
time/area closed period established
under paragraphs (f)(1) or (f)(6) of this
section, unless fishing under exceptions
established under paragraphs (f)(4) or
(f)(5) of this section, the fishing gear of
the vessel must be stowed in a manner
as not to be readily available for fishing.
In particular, the boom must be lowered
as far as possible so that the vessel
cannot be used for fishing, but so that
the skiff is accessible for use in
emergency situations; the helicopter, if
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any must be tied down; and launches
must be secured.
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[FR Doc. 2014–07905 Filed 4–8–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120405260–4258–02]
RIN 0648–BC12
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Revisions
to Dealer Permitting and Reporting
Requirements for Species Managed by
the Gulf of Mexico and South Atlantic
Fishery Management Councils
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
implement a Generic Amendment to the
Fishery Management Plans (FMPs) in
the Gulf of Mexico (Gulf) and South
Atlantic Regions (Generic Dealer
Amendment). The Generic Dealer
Amendment amends the following
FMPs: Reef Fish Resources of the Gulf,
Red Drum Fishery of the Gulf, SnapperGrouper Fishery (including wreckfish)
of the South Atlantic Region, Golden
Crab Fishery of the South Atlantic
Region, Shrimp Fishery (excluding
penaeid shrimp) of the South Atlantic
Region, Dolphin and Wahoo Fishery of
the Atlantic, Coastal Migratory Pelagic
(CMP) Resources of the Gulf and South
Atlantic, and Spiny Lobster Fishery of
the Gulf and South Atlantic, as prepared
by the Gulf and South Atlantic Fishery
Management Councils (Councils). This
final rule modifies the permitting and
reporting requirements for seafood
dealers who first receive species
managed by the Councils through the
previously mentioned FMPs. These
revisions create a single dealer permit
for dealers who first receive fish
managed by the Councils, require both
purchase and non-purchase reports to
be submitted online on a weekly basis,
prohibit dealers from first receiving fish
from federally permitted vessels if they
are delinquent in submitting reports,
and change the sale and purchase
provisions based on the new dealer
permitting requirements. This rule also
adds regulatory language to clarify the
bag limit for private recreational vessels
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SUMMARY:
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when a trip exceeds one calendar day.
The purpose of this rule is to obtain
timelier purchase information from
dealers to better monitor annual catch
limits (ACLs) and achieve optimum
yield (OY) in accordance with the
requirements of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: This rule is effective August 7,
2014.
ADDRESSES: Electronic copies of the
Generic Dealer Amendment, which
includes an environmental assessment
and a regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov.
Comments regarding the burden-hour
estimates or other aspects of the
collection-of-information requirements
contained in this rule may be submitted
in writing to Anik Clemens, Southeast
Regional Office, NMFS, 263 13th
Avenue South, St. Petersburg, FL 33701;
and OMB, by email at OIRA
Submission@omb.eop.gov, or by fax to
202–395–7285.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, Southeast Regional Office,
NMFS, telephone 727–824–5305; email:
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Councils manage the fisheries for
Gulf Reef Fish Resources, Gulf Red
Drum, South Atlantic Snapper-Grouper
(including wreckfish), South Atlantic
Golden Crab, South Atlantic Rock
Shrimp, Atlantic Dolphin and Wahoo,
Gulf and South Atlantic CMP, and Gulf
and South Atlantic Spiny Lobster under
their respective FMPs. The FMPs were
prepared by the Councils and are
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Act.
On December 19, 2013, NMFS
published a notice of availability for the
Generic Dealer Amendment and
requested public comment (78 FR
76807). On January 2, 2014, NMFS
published a proposed rule for the
Generic Dealer Amendment and
requested public comment (79 FR 81).
The proposed rule and the Generic
Dealer Amendment outline the rationale
for the actions contained in this final
rule. A summary of the actions
implemented by this final rule is
provided below.
This final rule modifies the current
permitting and reporting requirements
for seafood dealers who first receive fish
managed by the Councils through eight
FMPs. This final rule creates one
universal dealer permit (a Gulf and
South Atlantic dealer permit), increases
the frequency of dealer reporting,
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requires dealers to report purchases and
non-purchases electronically, prohibits
dealers from continuing to receive fish
from federally permitted vessels if they
are delinquent in submitting their
reports, and revises the sale and
purchase provisions for certain federally
managed species. Management
Measures Contained in this Final Rule
Gulf and South Atlantic Dealer Permits
This final rule creates a single dealer
permit (a Gulf and South Atlantic dealer
permit) that is required to first receive
the species currently covered by the six
dealer permits (Atlantic DolphinWahoo, Gulf Reef Fish, South Atlantic
Golden Crab, South Atlantic Rock
Shrimp, South Atlantic SnapperGrouper and South Atlantic Wreckfish),
as well as Gulf and South Atlantic CMP,
Gulf and South Atlantic spiny lobster,
and Gulf red drum. A Gulf and South
Atlantic dealer permit is not required to
first receive South Atlantic coral, South
Atlantic pelagic Sargassum, Gulf coral
and coral reef species, and Gulf and
South Atlantic penaeid shrimp species.
The Councils exempted penaeid
shrimp species from the Gulf and South
Atlantic dealer permit because ACLs
have not been established for these
species (because they have annual life
cycles). Thus, the current reporting
system is adequate for determining
catch and effort for these species and
the administrative burden of issuing
such a large number of shrimp dealer
permits outweighs the benefits of more
timely shrimp dealer reports. The
Councils did not include corals or
pelagic Sargassum because coral harvest
is limited to octocoral harvest off
Florida and does not require a Federal
harvest permit if landed in Florida, and
there is no recorded harvest of pelagic
Sargassum from Federal waters.
Frequency and Method of Dealer
Reporting
This final rule requires federally
permitted dealers to submit a detailed
electronic report of all fish first received
for a commercial purpose via the dealer
electronic trip ticket reporting system.
These electronic reports must be
submitted on a weekly basis and are due
by 11:59 p.m., local time, the Tuesday
following a reporting week. A reporting
week is defined as beginning at 12:01
a.m., local time, on Sunday and ending
at 11:59 p.m., local time, the following
Saturday. Dealers who first receive Gulf
migratory king mackerel harvested by
the run-around gillnet sector in the
southern Florida west coast subzone
must submit their dealer reports for
these species on a daily basis. These
reports must be submitted through the
E:\FR\FM\09APR1.SGM
09APR1
]]>Agencies
[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Rules and Regulations]
[Pages 19487-19490]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07905]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 130717632-4285-02]
RIN 0648-BD52
International Fisheries; Pacific Tuna Fisheries; Fishing
Restrictions in the Eastern Pacific Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act of
1950, as amended, to implement decisions of the Inter-American Tropical
Tuna Commission (IATTC). At its eighty-fifth meeting in June 2013, the
IATTC adopted a number of resolutions, some of which require rulemaking
to implement domestic regulations in the United States. This final rule
implements one of these decisions: the Resolution on a Multiannual
Program for the Conservation of Tuna in the Eastern Pacific Ocean
during 2014-2016 (Resolution C-13-01). This final rule extends the
effective period of the regulations in the IATTC Convention Area that
expired at the end of 2013 and provides purse seine owners with greater
flexibility by allowing for an exemption during the closure periods due
to force majeure. The expired regulations included a 500-metric ton
bigeye tuna (Thunnus obesus) calendar year catch limit applicable to
longline vessels greater than 24 meters in overall length and a 62-day
closure period applicable each year to purse seine vessels of class
size 4 to 6 (greater than 182 metric tons). The final rule also
[[Page 19488]]
includes an exemption to the purse seine closures due to force majeure.
Implementation of Resolution C-13-01 is necessary for the United States
to satisfy its obligations as a member of the IATTC.
DATES: This final rule is effective May 9, 2014.
ADDRESSES: Written comments regarding the burden-hour estimates or
other aspects of the collection-of-information requirements contained
in this final rule may be submitted to (enter office name) and by email
to OIRA_Submission@omb.eop.gov, or fax to (202) 395-7285. Copies of
supporting documents that were prepared for this final rule, including
the regulatory impact review (RIR), as well as the proposed rule, are
available via the Federal e-Rulemaking Portal: https://www.regulations.gov, docket NOAA-NMFS-2014-0014 or contact with the
Regional Administrator, William W. Stelle, Jr., NMFS West Coast
Regional Office, 7600 Sand Point Way, NE., Bldg 1, Seattle, WA 98115-
0070, or RegionalAdministrator.WCRHMS@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Heidi Taylor, NMFS at 562-980-4039 or
Celia Barroso, NOAA/NMFS Affiliate at 562-432-1850.
SUPPLEMENTARY INFORMATION:
Background
On February 5, 2014, NMFS published a proposed rule in the Federal
Register (79 FR 6876) that would revise and add to regulations at 50
CFR part 300, subpart C. The purpose of the proposed rule was to
implement IATTC Resolution C-13-01, Resolution on a Multiannual Program
for the Conservation of Tuna in the Eastern Pacific Ocean during 2014-
2016, and was open to public comment through February 25, 2014. One
comment was received and it was in support of the proposed conservation
and management measures. No changes have been made to the proposed
rule.
This final rule is implemented under authority of the Tuna
Conventions Act (16 U.S.C. 951-961), which authorizes the Secretary of
Commerce with approval by the Secretary of State, to promulgate such
regulations as may be necessary to carry out the obligations of the
United States as a member of the 1949 Convention for the Establishment
of an Inter-American Tropical Tuna Commission (Convention), including
the decisions of the IATTC. The authority to promulgate regulations has
been delegated to NMFS.
The proposed rule included background information on the Convention
and the IATTC, the international obligations of the United States under
the Convention and the basis for the proposed regulations, which are
not repeated here.
Tuna Conservation Measures for 2014 Through 2016
This final rule extends the effective period of the purse seine
closure period of 62 days, which expired at the end of 2013, to the
years 2014 through 2016. Therefore, this final rule prohibits purse
seine vessels subject to these requirements from fishing in the
Convention Area for a period of 62 days in each fishing year for 2014,
2015, and 2016. This rule also continues to give applicable purse seine
vessel owners the ability to choose between the two possible closure
periods for each fishing year in 2014 through 2016. These closures
would be in one of two periods in each year as follows:
2014: 29 July to 28 September, or from 18 November to 18 January 2015.
2015: 29 July to 28 September, or from 18 November to 18 January 2016.
2016: 29 July to 28 September, or from 18 November to 18 January 2017.
A vessel's owner, manager, or association representative is
required to provide the West Coast Regional Administrator, via fax to
(562) 980-4047 or email to RegionalAdministrator.WCRHMS@noaa.gov, by
July 1 of each fishing year (2014, 2015, and 2016) with the following
information: (1) Name and official number of fishing vessel; (2) the
closure period the vessel will adhere to in that year; and, (3) the
vessel owner or managing owner's name and signature. If a vessel owner
fails to notify the Regional Administrator of his or her choice by the
July 1 deadline, the vessel is subject to the later closure period
(November 18 to January 18 of the following calendar year) by default.
A purse seine vessel owner may request an exemption to the 62-day
closure described in the paragraph above due to force majeure, in which
a vessel is rendered unable to return to sea for a period of at least
62 days. Force majeure is defined as a situation in which a vessel is
disabled due to mechanical and/or structural failure, fire, or
explosion. To place a request for exemption due to force majeure, the
vessel operator is required to contact the NMFS West Coast Region
Sustainable Fisheries Division Assistant Regional Administrator, via
email or fax, and provide evidence necessary to demonstrate that the
vessel did not proceed to sea for at least 62 days and that the facts
on which the request for exemption is based were due to force majeure.
If an exemption is initially denied, a request for reconsideration may
be made within 10 days to the West Coast Regional Administrator. If the
request is accepted, the purse seine vessel owner may observe a reduced
closure period of 30 consecutive days.
This final rule also extends the effective period of the high seas
time/area closure for tuna purse seine vessels in class sizes 4 to 6,
which expired at the end of 2013, to 2014 through 2016. The area is
bounded at the east and west by 96[deg] and 110[deg] W. longitude and
bounded at the north and south by 4[deg] N. and 3[deg] S. latitude. In
addition, this rule extends, from 2014 through 2016, the annual bigeye
tuna catch limit of 500 metric tons in the Convention Area for U.S.
longline vessels over 24 meters in overall length.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the Tuna Conventions Act and other applicable
laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a Final Regulatory
Flexibility Analysis was not required and none was prepared.
This final rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA) and which has been
approved by OMB under control number 0648-0387. Public reporting burden
for the request for exemption due to force majeure is estimated to
average 1 hour per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding these burden
estimates or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by
email to OIRA_Submission@omb.eop.gov, or fax to 202-395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject
[[Page 19489]]
to the requirements of the PRA, unless that collection of information
displays a currently valid OMB control number.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: April 3, 2014.
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
0
1. The authority citation for 50 CFR part 300, subpart C, continues to
read as follows:
Authority: 16 U.S.C. 951-961 et seq.
0
2. In Sec. 300.21, revise the definition for ``Regional
Administrator'', and add the definitions for ``Force majeure'',
``Overall length'', and ``Sustainable Fisheries Division (SFD) '' in
alphabetical order to read as follows:
Sec. 300.21 Definitions.
* * * * *
Force majeure means, for the purpose of Sec. 300.25, a situation
in which a vessel is disabled by mechanical and/or structural failure,
fire or explosion.
* * * * *
Overall length means registered length, or the horizontal distance
between the outboard side of the foremost part of the stem and the
outboard side of the aftermost part of the stern, excluding rudders,
outboard motor brackets, and other similar fittings and attachments for
a single-hull vessel; for a multi-hull vessel, it is the horizontal
distance between the outboard side of the foremost part of the stem of
the foremost hull and the outboard side of the aftermost part of the
stern of the aftermost hull, excluding fittings or attachments (See 46
CFR 69.203).
Regional Administrator means the Regional Administrator for the
West Coast Region, National Marine Fisheries Service, or a designee.
* * * * *
Sustainable Fisheries Division (SFD) means the Assistant Regional
Administrator for the Sustainable Fisheries Division, West Coast
Region, National Marine Fisheries Service, or a designee.
* * * * *
0
3. In Sec. 300.25, the heading of paragraph (b) and paragraphs (b)(2)
and (f) are revised to read as follows:
Sec. 300.25 Eastern Pacific fisheries management.
* * * * *
(b) Tuna catch limits in the longline fishery in the Convention
Area. (1) * * *
(2) For each of the calendar years 2014, 2015, and 2016, there is a
limit of 500 metric tons of bigeye tuna that may be captured and landed
by longline gear in the Convention Area by fishing vessels of the
United States that are over 24 meters in overall length.
* * * * *
(f) Purse seine closures in the Convention Area. (1) A fishing
vessel of the United States of class size 4-6 (more than 182 metric
tons carrying capacity) may not be used to fish with purse seine gear
in the Convention Area for 62 days in each of the years 2014, 2015, and
2016 during one of the following two periods:
(i) From 0000 hours UTC on July 29 to 2400 hours UTC on September
28, or
(ii) From 0000 hours UTC on November 18 to 2400 hours UTC on
January 18 of the following year.
(2) A vessel owner, manager, or association representative of a
vessel that is subject to the requirements of paragraph (f)(1) of this
section must in 2014, 2015, and 2016 provide written notification to
the Regional Administrator declaring to which one of the two closure
periods identified in paragraph (f)(1) of this section his or her
vessel will adhere in that year. This written notification must be
submitted by fax at (562) 980-4047 or email at
RegionalAdministrator.WCRHMS@noaa.gov and must be received no later
than July 1 in each of the years 2014, 2015, and 2016. The written
notification must include the vessel name and registration number, the
closure dates that will be adhered to by that vessel, and the vessel
owner or managing owner's name, signature, business address, and
business telephone number.
(3) If written notification is not submitted per paragraph (f)(2)
of this section for a vessel subject to the requirements under
paragraph (f)(1) of this section, that vessel must adhere to the
closure period under paragraph (f)(1)(ii) of this section.
(4) Request for exemption due to force majeure. A request for
exemption due to force majeure must be made to the Sustainable
Fisheries Division by fax at (562) 980-4047 or emailed to
RegionalAdministrator.WCRHMS@noaa.gov. The request must include the
name and official number of the vessel, vessel owner or manager's name
and signature, and evidence to support the request, which may include
but is not limited to photographs, repair bills, certificates of
departure from port, and in the case of a marine casualty, a completed
copy of the U.S. Coast Guard Form CG-2692A (See 46 CFR 4.05-10).
(i) If accepted by the Sustainable Fisheries Division, the request
for exemption due to force majeure will be forwarded to the IATTC
Director. If declined by the Sustainable Fisheries Division, within 10
days of the date that rejection, the applicant may give additional
information or documentation to the Regional Administrator with a
request that the initial decision be reconsidered by fax at (562) 980-
4047 or email to RegionalAdministrator.WCRHMS@noaa.gov; the Regional
Administrator shall respond within 14 business days.
(ii) If the request for an exemption due to force majeure is
accepted by the IATTC, the vessel must observe a closure period of 30
consecutive days in the same year during which the force majeure event
occurred, in one of the two closure periods described in paragraph
(f)(1) of this section.
(5) A vessel of class size 4 (182 to 272 metric tons carrying
capacity) may make one fishing trip of up to 30 days duration during
the specified closure period in paragraph (f)(1) of this section,
provided that the vessel carries an observer of the On-Board Observer
Program of the Agreement on the International Dolphin Conservation
Program during the entire fishing trip.
(6) A fishing vessel of the United States of class size 4-6 (more
than 182 metric tons carrying capacity) may not be used from 0000 hours
on September 29 to 2400 hours on October 29 in the years 2014, 2015,
and 2016 to fish with purse seine gear within the area bounded at the
east and west by 96[deg] and 110[deg] W. longitude and bounded at the
north and south by 4[deg] N. and 3[deg] S. latitude.
(7) At all times while a vessel is in a time/area closed period
established under paragraphs (f)(1) or (f)(6) of this section, unless
fishing under exceptions established under paragraphs (f)(4) or (f)(5)
of this section, the fishing gear of the vessel must be stowed in a
manner as not to be readily available for fishing. In particular, the
boom must be lowered as far as possible so that the vessel cannot be
used for fishing, but so that the skiff is accessible for use in
emergency situations; the helicopter, if
[[Page 19490]]
any must be tied down; and launches must be secured.
* * * * *
[FR Doc. 2014-07905 Filed 4-8-14; 8:45 am]
BILLING CODE 3510-22-P
