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