International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions in the Eastern Pacific Ocean, 19487-19490 [2014-07905]

Download as PDF 19487 Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations The Codex has not established MRLs for imazapyr on soybean. mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:05 Apr 08, 2014 Jkt 232001 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 [2-[4,5-dihydro-4-methyl-4-(1methylethyl)-5-oxo-1H-imidazol-2-yl]-3pyridinecarboxylic acid]. Commodity Parts per million * * * Soybean, meal 1 .............. Soybean, seed 1 .............. * * 1 There * * * * 4.5 4.0 * * are no U.S. registrations. * * * * [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: E:\FR\FM\09APR1.SGM 09APR1 19488 Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES 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: http:// 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 VerDate Mar<15>2010 16:05 Apr 08, 2014 Jkt 232001 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09APR1.SGM 09APR1 Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations 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. mstockstill on DSK4VPTVN1PROD with RULES * * * * * 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. * * * * * 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. * * * * * VerDate Mar<15>2010 16:05 Apr 08, 2014 Jkt 232001 3. In § 300.25, the heading of paragraph (b) and paragraphs (b)(2) and (f) are revised to read as follows: * * * * * (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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09APR1.SGM 09APR1 19490 Federal Register / Vol. 79, No. 68 / Wednesday, April 9, 2014 / Rules and Regulations 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 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 mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:05 Apr 08, 2014 Jkt 232001 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 http:// 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, PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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.

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

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: http://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