International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions in the Eastern Pacific Ocean, Whale Shark Conservation Measures, 56017-56019 [2014-22278]

Download as PDF Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / Rules and Regulations 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. 11. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. asabaliauskas on DSK5VPTVN1PROD with RULES 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves establishment of a safety zone on the navigable waters of San Diego Bay. This rule is categorically excluded from further review under paragraph 34(g) of VerDate Sep<11>2014 16:12 Sep 17, 2014 Jkt 232001 Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 56017 (3) Upon being hailed by U.S. Coast Guard or designated patrol personnel by siren, radio, flashing light or other means, the operator of a vessel shall proceed as directed. (4) The Coast Guard may be assisted by other federal, state, or local agencies in patrol and notification of this regulation. Dated: August 27, 2014. J. S. Spaner, Captain, U.S. Coast Guard, Captain of the Port San Diego. [FR Doc. 2014–22189 Filed 9–17–14; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS National Oceanic and Atmospheric Administration 1. The authority citation for part 165 continues to read as follows: 50 CFR Part 300 ■ Authority: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T11–656 to read as follows: ■ § 165.T11–656 Safety Zone; San Diego Sharkfest Swim; San Diego Bay, San Diego, CA. (a) Location. The limits of the safety zone will encompass the navigable waters from Seaport Village to the Coronado Ferry Landing within the following positions: Beginning at 32°42.17′ N, 117°09.83′ W; thence to 32°41.66′ N, 117°09.88′ W; thence along the shore line to 32°41.29′ N, 117°09.77′ W; thence to 32°41.50′ N, 117°09.73′ W; thence to 32°42.05′ N, 117°09.68′ W; thence along the shore line to 32°42.17′ N, 117°09.83′ W. (b) Enforcement period. This safety zone will be enforced on October 12, 2014 from 9 a.m. to 10 a.m. (c) Definitions. The following definition applies to this section: Designated representative, means any commissioned, warrant, or petty officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary, or local, state, and federal law enforcement vessels who have been authorized to act on the behalf of the Captain of the Port. (d) Regulations. (1) Entry into, transit through or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port of San Diego or his designated representative. (2) All persons and vessels shall comply with the instructions of the Coast Guard Captain of the Port or his designated representative. PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 [Docket No. 130722645–4769–02] RIN 0648–BD53 International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions in the Eastern Pacific Ocean, Whale Shark Conservation Measures 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 to implement a resolution of the InterAmerican Tropical Tuna Commission (IATTC) intended to conserve whale sharks (Rhincodon typus) in the Eastern Pacific Ocean (EPO). This final rule would prohibit setting a purse seine net on whale sharks, and would require certain measures to protect whale sharks in the event that a whale shark is encircled in a purse seine net. This rulemaking is necessary for the United States to satisfy its obligations as a member of the IATTC. DATES: This final rule is effective October 20, 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 Chris Fanning, NMFS West Coast Region (see address above) and by email to OIRA_ Submission@omb.eop.gov. Copies of the Regulatory Impact Review (RIR) and other supporting documents are available via the Federal e-Rulemaking Portal: https://www.regulations.gov, docket NOAA–NMFS–2013–0118 or SUMMARY: E:\FR\FM\18SER1.SGM 18SER1 56018 Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / Rules and Regulations 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: Chris Fanning, NMFS, 562–980–4198 or Heidi Taylor NMFS, 562–980–4039. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK5VPTVN1PROD with RULES Background on the Proposed and Final Rulemaking On June 9, 2014, NMFS published a proposed rule in the Federal Register (79 FR 32903) that would revise and add to regulations at 50 CFR part 300, subpart C. The purpose of the proposed rule was to implement whale shark conservation measures of the IATTC Resolution on Collection and Analysis of Data on Fish-Aggregating Devices (C– 13–04). It was available for public comment through June 30, 2014. One comment was received in support of the proposed conservation and management measures. Additionally, in response to internal NOAA comments, the phrase ‘‘as may be further specified by NMFS’’ was added to the paragraph to clarify that the public may be directed to submit the report on a specific part of the form chosen to be used to fulfill the requirement (e.g. the South Pacific Regional Purse Seine Logsheet). The intent of this language is to allow flexibility for the whale shark interaction reporting obligation using one of multiple approved reporting forms, including the South Pacific Regional Purse Seine Logsheet for trips originating in the western and central Pacific Ocean, and the Seiner Fishing Record and Bridge Log for trips originating in the IATTC Convention Area. 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. VerDate Sep<11>2014 16:12 Sep 17, 2014 Jkt 232001 Therefore, this information is not repeated here. Whale Shark Conservation Measures This final rule implements the conservation measures for whale sharks contained in Resolution C–13–04. The regulations would apply to owners and operators of U.S. purse seine vessels while commercially fishing for tuna in the Convention Area. This final rule contains three specific provisions. The first prohibits the setting of any purse seine on a school of tuna associated with a live whale shark. In the event that a whale shark is encircled by a purse seine net, the second and third provisions require that purse seine vessel operators take all reasonable steps to ensure the safe release of the shark and report the incident to the relevant governmental authority, including the number of individual whale sharks, details of how and why the encirclement happened, where it occurred, steps taken to ensure safe release, and an assessment of the life status of the whale shark upon release (including whether the animal was released alive, but subsequently died). 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. Pursuant to the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), the Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration 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), which has been approved by the Office of Management and Budget (OMB) under control numbers 0648–0387 and 0648–0218. Public reporting burden for whale shark interaction reporting is estimated to average ten minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 of information. Send comments regarding this burden estimate, 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, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. List of Subjects in 50 CFR Part 300 Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Reporting and recordkeeping requirements, Treaties. Dated: September 15, 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 et seq. 2. In § 300.22, paragraph (a) is redesignated as paragraph (a)(1), and paragraph (a) heading and paragraph (a)(2) are added as follows: ■ § 300.22 Eastern Pacific fisheries recordkeeping and written reports. (a) Logbooks. (1) * * * (2) Whale shark encirclement reporting. The owner and operator of a purse seine fishing vessel of the United States that encircles a whale shark (Rhincodon typus) while commercially fishing in the Convention Area must ensure that the incident is recorded on the log that is required by this paragraph (a). The log must include the following information: The number of individual whale sharks with which the vessel interacted, details of how and why the encirclement happened, where it occurred, steps taken to ensure safe release, and an assessment of the life status of the whale shark upon release (including whether the animal was released alive, but subsequently died), as may be further specified by NMFS. * * * * * ■ 3. In § 300.24, paragraphs (v), (w), and (x) are added to read as follows: E:\FR\FM\18SER1.SGM 18SER1 Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / Rules and Regulations § 300.24 Prohibitions. asabaliauskas on DSK5VPTVN1PROD with RULES * * * * (v) Fail to maintain, submit, or ensure submission of a log that includes all the information required in § 300.22(a). (w) Set or attempt to set a purse seine on or around a whale shark (Rhincodon typus) in contravention of § 300.25(e)(5). (x) Fail to release a whale shark encircled in a purse seine net of a fishing vessel as required in § 300.25(e)(6) * * * * * VerDate Sep<11>2014 16:12 Sep 17, 2014 4. In § 300.25, paragraphs (e)(5) and (e)(6) are added to read as follows: ■ * Jkt 232001 § 300.25 Eastern Pacific fisheries management. * * * * * (e) * * * (5) Owners, operators, and crew of fishing vessels of the United States commercially fishing for tuna in the Convention Area may not set or attempt to set a purse seine on or around a whale shark (Rhincodon typus) if the PO 00000 Frm 00057 Fmt 4700 Sfmt 9990 56019 animal is sighted prior to the commencement of the set or the attempted set. (6) The crew, operator, and owner of a fishing vessel of the United States commercially fishing for tuna in the Convention Area must release as soon as possible, any whale shark that is encircled in a purse seine net, and must ensure that all reasonable steps are taken to ensure its safe release. [FR Doc. 2014–22278 Filed 9–17–14; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\18SER1.SGM 18SER1

Agencies

[Federal Register Volume 79, Number 181 (Thursday, September 18, 2014)]
[Rules and Regulations]
[Pages 56017-56019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22278]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 130722645-4769-02]
RIN 0648-BD53


International Fisheries; Pacific Tuna Fisheries; Fishing 
Restrictions in the Eastern Pacific Ocean, Whale Shark Conservation 
Measures

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

ACTION: Final rule.

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

SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act to 
implement a resolution of the Inter-American Tropical Tuna Commission 
(IATTC) intended to conserve whale sharks (Rhincodon typus) in the 
Eastern Pacific Ocean (EPO). This final rule would prohibit setting a 
purse seine net on whale sharks, and would require certain measures to 
protect whale sharks in the event that a whale shark is encircled in a 
purse seine net. This rulemaking is necessary for the United States to 
satisfy its obligations as a member of the IATTC.

DATES: This final rule is effective October 20, 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 Chris Fanning, NMFS West Coast 
Region (see address above) and by email to 
OIRASubmission@omb.eop.gov. Copies of the Regulatory Impact 
Review (RIR) and other supporting documents are available via the 
Federal e-Rulemaking Portal: https://www.regulations.gov, docket NOAA-
NMFS-2013-0118 or

[[Page 56018]]

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: Chris Fanning, NMFS, 562-980-4198 or 
Heidi Taylor NMFS, 562-980-4039.

SUPPLEMENTARY INFORMATION: 

Background on the Proposed and Final Rulemaking

    On June 9, 2014, NMFS published a proposed rule in the Federal 
Register (79 FR 32903) that would revise and add to regulations at 50 
CFR part 300, subpart C. The purpose of the proposed rule was to 
implement whale shark conservation measures of the IATTC Resolution on 
Collection and Analysis of Data on Fish-Aggregating Devices (C-13-04). 
It was available for public comment through June 30, 2014. One comment 
was received in support of the proposed conservation and management 
measures. Additionally, in response to internal NOAA comments, the 
phrase ``as may be further specified by NMFS'' was added to the 
paragraph to clarify that the public may be directed to submit the 
report on a specific part of the form chosen to be used to fulfill the 
requirement (e.g. the South Pacific Regional Purse Seine Logsheet). The 
intent of this language is to allow flexibility for the whale shark 
interaction reporting obligation using one of multiple approved 
reporting forms, including the South Pacific Regional Purse Seine 
Logsheet for trips originating in the western and central Pacific 
Ocean, and the Seiner Fishing Record and Bridge Log for trips 
originating in the IATTC Convention Area.
    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. Therefore, 
this information is not repeated here.

Whale Shark Conservation Measures

    This final rule implements the conservation measures for whale 
sharks contained in Resolution C-13-04. The regulations would apply to 
owners and operators of U.S. purse seine vessels while commercially 
fishing for tuna in the Convention Area. This final rule contains three 
specific provisions. The first prohibits the setting of any purse seine 
on a school of tuna associated with a live whale shark. In the event 
that a whale shark is encircled by a purse seine net, the second and 
third provisions require that purse seine vessel operators take all 
reasonable steps to ensure the safe release of the shark and report the 
incident to the relevant governmental authority, including the number 
of individual whale sharks, details of how and why the encirclement 
happened, where it occurred, steps taken to ensure safe release, and an 
assessment of the life status of the whale shark upon release 
(including whether the animal was released alive, but subsequently 
died).

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.
    Pursuant to the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), 
the Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration 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), which has been approved 
by the Office of Management and Budget (OMB) under control numbers 
0648-0387 and 0648-0218. Public reporting burden for whale shark 
interaction reporting is estimated to average ten minutes 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 this 
burden estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by 
email to OIRASubmission@omb.eop.gov, or fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 300

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


    Dated: September 15, 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 et seq.

0
2. In Sec.  300.22, paragraph (a) is redesignated as paragraph (a)(1), 
and paragraph (a) heading and paragraph (a)(2) are added as follows:


Sec.  300.22  Eastern Pacific fisheries recordkeeping and written 
reports.

    (a) Logbooks.
    (1) * * *
    (2) Whale shark encirclement reporting. The owner and operator of a 
purse seine fishing vessel of the United States that encircles a whale 
shark (Rhincodon typus) while commercially fishing in the Convention 
Area must ensure that the incident is recorded on the log that is 
required by this paragraph (a). The log must include the following 
information: The number of individual whale sharks with which the 
vessel interacted, details of how and why the encirclement happened, 
where it occurred, steps taken to ensure safe release, and an 
assessment of the life status of the whale shark upon release 
(including whether the animal was released alive, but subsequently 
died), as may be further specified by NMFS.
* * * * *

0
3. In Sec.  300.24, paragraphs (v), (w), and (x) are added to read as 
follows:

[[Page 56019]]

Sec.  300.24  Prohibitions.

* * * * *
    (v) Fail to maintain, submit, or ensure submission of a log that 
includes all the information required in Sec.  300.22(a).
    (w) Set or attempt to set a purse seine on or around a whale shark 
(Rhincodon typus) in contravention of Sec.  300.25(e)(5).
    (x) Fail to release a whale shark encircled in a purse seine net of 
a fishing vessel as required in Sec.  300.25(e)(6)
* * * * *

0
4. In Sec.  300.25, paragraphs (e)(5) and (e)(6) are added to read as 
follows:


Sec.  300.25  Eastern Pacific fisheries management.

* * * * *
    (e) * * *
    (5) Owners, operators, and crew of fishing vessels of the United 
States commercially fishing for tuna in the Convention Area may not set 
or attempt to set a purse seine on or around a whale shark (Rhincodon 
typus) if the animal is sighted prior to the commencement of the set or 
the attempted set.
    (6) The crew, operator, and owner of a fishing vessel of the United 
States commercially fishing for tuna in the Convention Area must 
release as soon as possible, any whale shark that is encircled in a 
purse seine net, and must ensure that all reasonable steps are taken to 
ensure its safe release.

[FR Doc. 2014-22278 Filed 9-17-14; 8:45 am]
BILLING CODE 3510-22-P
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