International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort Limits in Purse Seine Fisheries for 2015, 51476-51478 [2015-20957]

Download as PDF 51476 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations Community No. State and location Janesville, City of, Rock County ........... 555560 Milton, City of, Rock County .................. 550026 Rock County, Unincorporated Areas ..... 550363 Region VIII Wyoming: Jackson, Town of, Teton County .......... 560052 Teton County, Unincorporated Areas .... 560094 Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain federal assistance no longer available in SFHAs March 26, 1971, Emerg; March 31, 1972, Reg; September 16, 2015, Susp. N/A, Emerg; May 26, 2010, Reg; September 16, 2015, Susp. February 8, 1974, Emerg; August 1, 1983, Reg; September 16, 2015, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. August 8, 1975, Emerg; May 4, 1989, Reg; September 16, 2015, Susp. April 19, 1978, Emerg; May 4, 1989, Reg; September 16, 2015, Susp. ......do ............... Do. ......do ............... Do. *......do = Ditto. Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension. Dated: July 28, 2015. Roy E. Wright, Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. the effective dates of the final rule that was published on June 4, 2015. Dated: July 29, 2015. Roy Wright, Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. 2015–20942 Filed 8–24–15; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF DEFENSE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION GENERAL SERVICES ADMINISTRATION 48 CFR Part 46 [FR Doc. 2015–20893 Filed 8–24–15; 8:45 am] DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency CFR Correction In Title 48 of the Code of Federal Regulations, Chapter 1, Parts 1 to 51, revised as of October 1, 2014, on page 952, remove section 46.806. DEPARTMENT OF DEFENSE 44 CFR Part 64 GENERAL SERVICES ADMINISTRATION [Docket ID FEMA–2015–0001; Internal Agency Docket No. FEMA–8385] [FR Doc. 2015–20995 Filed 8–24–15; 8:45 am] BILLING CODE 1505–01–D NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Suspension of Community Eligibility DEPARTMENT OF COMMERCE Federal Emergency Management Agency, DHS. ACTION: Final rule; withdrawal. 48 CFR Part 22 The Federal Emergency Management Agency (FEMA) is withdrawing a duplicate final rule which it published inadvertently on June 23, 2015. DATES: This withdrawal is effective August 25, 2015. FOR FURTHER INFORMATION CONTACT: Bret Gates, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–4133. SUPPLEMENTARY INFORMATION: On June 23, 2015, FEMA published a final rule, Suspension of Community Eligibility (Docket ID FEMA–2015–0001; Internal Docket No. FEMA–8385) (80 FR 35851), that had previously been published on June 4, 2015 (80 FR 31847). The June 23, 2015 final rule publication was in error, and FEMA withdraws publication of the duplicate rule. This error does not alter CFR Correction AGENCY: SUMMARY: Lhorne on DSK5TPTVN1PROD with RULES Quality Assurance BILLING CODE 9110–12–P VerDate Sep<11>2014 15:04 Aug 24, 2015 Jkt 235001 National Oceanic and Atmospheric Administration Application of Labor Laws to Government Acquisitions 50 CFR Part 300 [Docket No. 150406346–5700–02] In Title 48 of the Code of Federal Regulations, Chapter 1, Parts 1 to 51, revised as of October 1, 2014, on page 526, in section 22.1008–2, in the last sentence of paragraph (d)(1), remove ‘‘, as amended’’. ■ [FR Doc. 2015–20997 Filed 8–24–15; 8:45 am] International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Effort Limits in Purse Seine Fisheries for 2015 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: BILLING CODE 1501–01–D PO 00000 RIN 0648–BF03 This rule makes final an interim rule that established a fishing effort limit for calendar year 2015 for U.S. purse seine vessels in the U.S. exclusive economic zone (EEZ) and on the high seas between the latitudes of 20° N. and 20° S. in the area of SUMMARY: Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\25AUR1.SGM 25AUR1 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention Area). The limit is 1,828 fishing days. This action is necessary for the United States to implement provisions of a conservation and management measure (CMM) adopted by the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy the obligations of the United States under the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), to which it is a Contracting Party. DATES: This rule is effective on August 25, 2015. ADDRESSES: Copies of supporting documents prepared for this final rule, including the regulatory impact review (RIR) and the environmental assessment (EA) and supplemental EA prepared for the National Environmental Policy Act (NEPA) purposes, as well as the interim rule, are available via the Federal erulemaking Portal, at www.regulations.gov (search for Docket ID NOAA–NMFS–2015–0058). Those documents are also available from NMFS at the following address: Michael Tosatto, Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd., Building 176, Honolulu, HI 96818. FOR FURTHER INFORMATION CONTACT: Emily Crigler, NMFS PIRO, 808–725– 5036. As established in existing regulations for purse seine fishing effort limits in the ELAPS, NMFS monitors the number of fishing days spent in the ELAPS using data submitted in logbooks and other available information. On June 8, 2015, NMFS issued a temporary rule in the Federal Register announcing that the purse seine fishery in the ELAPS would close as a result of reaching the limit of 1,828 fishing days (80 FR 32313). The closure took effect June 15, 2015, and will remain in effect through December 31, 2015. This final rule is issued under the authority of the WCPFC Implementation Act (16 U.S.C. 6901 et seq.), which authorizes the Secretary of Commerce, in consultation with the Secretary of State and the Secretary of the Department in which the United States Coast Guard is operating (currently the Department of Homeland Security), to promulgate such regulations as may be necessary to carry out the obligations of the United States under the Convention, including the decisions of the Commission. The authority to promulgate regulations has been delegated to NMFS. The preamble to the interim rule provides background information on a number of matters, including the Convention and the Commission, the provisions of the WCPFC decisions being implemented in this rule, and the bases for the proposed regulations, which are not repeated here. On May 21, 2015, NMFS published an interim rule in the Federal Register (80 FR 29220) to establish a limit on fishing effort by U.S. purse seine vessels in the U.S. EEZ and on the high seas between the latitudes of 20° N. and 20° S. in the Convention Area for the calendar year 2015. This area is known in U.S. fishing regulations as the Effort Limit Area for Purse Seine, or ELAPS. The limit established in the interim rule is 1,828 fishing days. The interim rule was open for public comment until June 5, 2015. The 2015 purse seine fishing effort limit for the ELAPS was formulated as in previous rules to establish limits for the ELAPS: The applicable limit for the U.S. EEZ portion of the ELAPS, 558 fishing days per year, is combined with the applicable limit for the high seas portion of the ELAPS, 1,270 fishing days per year, resulting in a combined limit of 1,828 fishing days in the ELAPS for calendar year 2015. Comments and Responses Lhorne on DSK5TPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 15:04 Aug 24, 2015 Jkt 235001 The Action This final rule makes final the interim rule that established the limit of 1,828 fishing days for the calendar year 2015. NMFS received two sets of comments on the interim rule. The comments are summarized below, followed by responses from NMFS. Comment 1: Our oceans are seriously overfished and are on the verge of collapse due to warming, acidification, toxins, and plastics, etc. Limits need to be placed upon fisheries. Economic gain of the fisheries has got to be curtailed now to save all ocean life. Response: NMFS acknowledges the comment. Comment 2: Due to the fact that U.S. purse seine fleet located in Pago Pago, American Samoa, is already under duress because of low fish prices and high access fees for fishing in the waters of the Parties to the Nauru Agreement (PNA), closing the U.S. EEZ and high seas to U.S. purse seine fishing will only add to the demise of the U.S. fleet in American Samoa. PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 51477 Response: NMFS acknowledges the concerns expressed by the commenter. However, this final rule establishes limits adopted by the Commission in Conservation and Management Measure (CMM) 2014–01. We believe that taking this action to implement the 1,828 day limit in the ELAPs is necessary to satisfy the obligations of the United States under the Convention and CMM 2014– 01. No changes from the interim rule have been made in this final rule. Petition for Rulemaking On May 12, 2015, as the interim rule was being finalized for publication, NMFS received a petition for rulemaking from Tri Marine Management Company, LLC (Tri Marine). The company requested, first, that NOAA undertake an emergency rulemaking to implement the 2015 limit on fishing effort by U.S. purse seine vessels on the high seas and in the U.S. exclusive economic zone in the Convention Area, and second, that NOAA issue a rule exempting from that limit any U.S. purse seine vessel that, pursuant to contract or declaration of intent, delivers or will deliver at least half its catch to tuna processing facilities in American Samoa. This final rule addresses the first part of the petition by implementing the 2015 limit on fishing effort for U.S. purse seiners on the high seas and in the U.S. EEZ. On July 17, 2015, NMFS published a notice of receipt of, and request for comment on, the Tri Marine petition (80 FR 42464). Any action taken by NMFS in response to the second petitioned action will be taken separately from the rulemaking in this document, after consideration of public comment on the notice of receipt of the petition. Fishing Restrictions During Closure Periods The regulations at 50 CFR 300.223 implementing the ELAPS closure prohibit U.S. purse seine vessels from conducting bunkering operations in the ELAPS during the closure period, since bunkering is included in the definition of fishing (see 50 CFR 300.211). During the ELAPS closure, the U.S. purse seine fleet generally continues to be allowed to fish under the South Pacific Tuna Treaty in some foreign EEZs; however, the vessels are not necessarily authorized by those nations to conduct bunkering activities in their waters. Consequently, they are effectively forced to conduct bunkering operations in foreign waters or ports, which can result in substantial costs to fishing businesses. In a separate, but related rulemaking (RIN 0648–BF23), which is E:\FR\FM\25AUR1.SGM 25AUR1 51478 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Rules and Regulations being published elsewhere in this issue of the Federal Register, NMFS is removing, through an interim rule, the restrictions on bunkering operations, if otherwise authorized by applicable laws and regulations, in the ELAPS during the closure period. Classification The Administrator, Pacific Islands Region, NMFS, has determined that this final rule is consistent with the WCPFC Implementation Act and other applicable laws. Administrative Procedure Act NMFS may waive the 30-day delay in effectiveness required under the Administrative Procedure Act, 5 U.S.C. 553(d), upon a finding of good cause that the delay is impracticable, unnecessary, or contrary to the public interest. NMFS finds that it would be contrary to the public interest to delay the effective date of this final rule. The requirements have been in effect through the interim rule since May 21, 2015, and the ELAPS has been closed to fishing by U.S. purse seiners since June 15, 2015. If this final rule does not enter into effect immediately, there could be public confusion as to whether the ELAPS is reopened to fishing until the rule enters into effect. Thus, this final rule is effective upon publication in the Federal Register so there is no perceived regulatory gap in the implementation of the fishing effort limit in the ELAPS for 2015. Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866. Regulatory Flexibility Act Because prior notice and opportunity for public comment were not required for the interim rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. Therefore, no final regulatory flexibility analysis was required and none has been prepared. Lhorne on DSK5TPTVN1PROD with RULES List of Subjects in 50 CFR Part 300 Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Reporting and recordkeeping requirements, Treaties. Authority: 16 U.S.C. 6901 et seq. VerDate Sep<11>2014 15:04 Aug 24, 2015 Jkt 235001 Dated: August 19, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. PART 300—INTERNATIONAL FISHERIES REGULATIONS Subpart O—Western and Central Pacific Fisheries for Highly Migratory Species Accordingly, the interim rule revising § 300.223, paragraph (a)(1), which was published at 80 FR 29220 on May 21, 2015, is adopted as a final rule without change. ■ [FR Doc. 2015–20957 Filed 8–24–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 150629563–5703–01] RIN 0648–BF23 International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Purse Seine Fishing Restrictions During Closure Periods National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Interim rule; request for comments. AGENCY: This interim rule amends the regulations to remove the restriction that prohibits U.S. purse seine vessels from conducting bunkering (refueling) activities in the U.S. exclusive economic zone (EEZ) and on the high seas between the latitudes of 20° N. and 20° S. in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention), also known as the Effort Limit Area for Purse Seine or ELAPS, when this area is closed to U.S. purse seine fishing. This action would relieve U.S. purse seine vessels from the burden of the prohibition while continuing to satisfy U.S. obligations pursuant to the Western and Central Pacific Fisheries Convention Implementation Act. DATES: This rule is effective on August 25, 2015. Comments must be submitted in writing by September 24, 2015. SUMMARY: PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 You may submit comments on this document, identified by NOAA– NMFS–2015–0098, and the regulatory impact review (RIR) prepared for the interim rule, by either of the following methods: • Electronic submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. 1. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20150098, 2. Click the ‘‘Comment Now!’’ icon, complete the required fields, and 3. Enter or attach your comments. —OR— • Mail: Submit written comments to Michael D. Tosatto, Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd., Building 176, Honolulu, HI 96818. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, might not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name and address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Copies of the RIR and the Record of Environmental Consideration prepared for National Environmental Policy Act (NEPA) purposes are available at www.regulations.gov or may be obtained from Michael D. Tosatto, Regional Administrator, NMFS PIRO (see address above). FOR FURTHER INFORMATION CONTACT: Emily Crigler, NMFS PIRO, 808–725– 5036. SUPPLEMENTARY INFORMATION: ADDRESSES: Background on the Convention The Convention focuses on the conservation and management of highly migratory species (HMS) and the management of fisheries for HMS. The objective of the Convention is to ensure, through effective management, the longterm conservation and sustainable use of HMS in the western and central Pacific Ocean (WCPO). To accomplish this objective, the Convention established the Commission on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission). The E:\FR\FM\25AUR1.SGM 25AUR1

Agencies

[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Rules and Regulations]
[Pages 51476-51478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20957]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 150406346-5700-02]
RIN 0648-BF03


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Fishing Effort Limits in Purse Seine 
Fisheries for 2015

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

ACTION: Final rule.

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

SUMMARY: This rule makes final an interim rule that established a 
fishing effort limit for calendar year 2015 for U.S. purse seine 
vessels in the U.S. exclusive economic zone (EEZ) and on the high seas 
between the latitudes of 20[deg] N. and 20[deg] S. in the area of

[[Page 51477]]

application of the Convention on the Conservation and Management of 
Highly Migratory Fish Stocks in the Western and Central Pacific Ocean 
(Convention Area). The limit is 1,828 fishing days. This action is 
necessary for the United States to implement provisions of a 
conservation and management measure (CMM) adopted by the Commission for 
the Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (WCPFC or Commission) and to satisfy 
the obligations of the United States under the Convention on the 
Conservation and Management of Highly Migratory Fish Stocks in the 
Western and Central Pacific Ocean (Convention), to which it is a 
Contracting Party.

DATES: This rule is effective on August 25, 2015.

ADDRESSES: Copies of supporting documents prepared for this final rule, 
including the regulatory impact review (RIR) and the environmental 
assessment (EA) and supplemental EA prepared for the National 
Environmental Policy Act (NEPA) purposes, as well as the interim rule, 
are available via the Federal e-rulemaking Portal, at 
www.regulations.gov (search for Docket ID NOAA-NMFS-2015-0058). Those 
documents are also available from NMFS at the following address: 
Michael Tosatto, Regional Administrator, NMFS, Pacific Islands Regional 
Office (PIRO), 1845 Wasp Blvd., Building 176, Honolulu, HI 96818.

FOR FURTHER INFORMATION CONTACT: Emily Crigler, NMFS PIRO, 808-725-
5036.

SUPPLEMENTARY INFORMATION: On May 21, 2015, NMFS published an interim 
rule in the Federal Register (80 FR 29220) to establish a limit on 
fishing effort by U.S. purse seine vessels in the U.S. EEZ and on the 
high seas between the latitudes of 20[deg] N. and 20[deg] S. in the 
Convention Area for the calendar year 2015. This area is known in U.S. 
fishing regulations as the Effort Limit Area for Purse Seine, or ELAPS. 
The limit established in the interim rule is 1,828 fishing days. The 
interim rule was open for public comment until June 5, 2015.
    The 2015 purse seine fishing effort limit for the ELAPS was 
formulated as in previous rules to establish limits for the ELAPS: The 
applicable limit for the U.S. EEZ portion of the ELAPS, 558 fishing 
days per year, is combined with the applicable limit for the high seas 
portion of the ELAPS, 1,270 fishing days per year, resulting in a 
combined limit of 1,828 fishing days in the ELAPS for calendar year 
2015.
    As established in existing regulations for purse seine fishing 
effort limits in the ELAPS, NMFS monitors the number of fishing days 
spent in the ELAPS using data submitted in logbooks and other available 
information. On June 8, 2015, NMFS issued a temporary rule in the 
Federal Register announcing that the purse seine fishery in the ELAPS 
would close as a result of reaching the limit of 1,828 fishing days (80 
FR 32313). The closure took effect June 15, 2015, and will remain in 
effect through December 31, 2015.
    This final rule is issued under the authority of the WCPFC 
Implementation Act (16 U.S.C. 6901 et seq.), which authorizes the 
Secretary of Commerce, in consultation with the Secretary of State and 
the Secretary of the Department in which the United States Coast Guard 
is operating (currently the Department of Homeland Security), to 
promulgate such regulations as may be necessary to carry out the 
obligations of the United States under the Convention, including the 
decisions of the Commission. The authority to promulgate regulations 
has been delegated to NMFS. The preamble to the interim rule provides 
background information on a number of matters, including the Convention 
and the Commission, the provisions of the WCPFC decisions being 
implemented in this rule, and the bases for the proposed regulations, 
which are not repeated here.

The Action

    This final rule makes final the interim rule that established the 
limit of 1,828 fishing days for the calendar year 2015.

Comments and Responses

    NMFS received two sets of comments on the interim rule. The 
comments are summarized below, followed by responses from NMFS.
    Comment 1: Our oceans are seriously overfished and are on the verge 
of collapse due to warming, acidification, toxins, and plastics, etc. 
Limits need to be placed upon fisheries. Economic gain of the fisheries 
has got to be curtailed now to save all ocean life.
    Response: NMFS acknowledges the comment.
    Comment 2: Due to the fact that U.S. purse seine fleet located in 
Pago Pago, American Samoa, is already under duress because of low fish 
prices and high access fees for fishing in the waters of the Parties to 
the Nauru Agreement (PNA), closing the U.S. EEZ and high seas to U.S. 
purse seine fishing will only add to the demise of the U.S. fleet in 
American Samoa.
    Response: NMFS acknowledges the concerns expressed by the 
commenter. However, this final rule establishes limits adopted by the 
Commission in Conservation and Management Measure (CMM) 2014-01. We 
believe that taking this action to implement the 1,828 day limit in the 
ELAPs is necessary to satisfy the obligations of the United States 
under the Convention and CMM 2014-01.
    No changes from the interim rule have been made in this final rule.

Petition for Rulemaking

    On May 12, 2015, as the interim rule was being finalized for 
publication, NMFS received a petition for rulemaking from Tri Marine 
Management Company, LLC (Tri Marine). The company requested, first, 
that NOAA undertake an emergency rulemaking to implement the 2015 limit 
on fishing effort by U.S. purse seine vessels on the high seas and in 
the U.S. exclusive economic zone in the Convention Area, and second, 
that NOAA issue a rule exempting from that limit any U.S. purse seine 
vessel that, pursuant to contract or declaration of intent, delivers or 
will deliver at least half its catch to tuna processing facilities in 
American Samoa. This final rule addresses the first part of the 
petition by implementing the 2015 limit on fishing effort for U.S. 
purse seiners on the high seas and in the U.S. EEZ. On July 17, 2015, 
NMFS published a notice of receipt of, and request for comment on, the 
Tri Marine petition (80 FR 42464). Any action taken by NMFS in response 
to the second petitioned action will be taken separately from the 
rulemaking in this document, after consideration of public comment on 
the notice of receipt of the petition.

Fishing Restrictions During Closure Periods

    The regulations at 50 CFR 300.223 implementing the ELAPS closure 
prohibit U.S. purse seine vessels from conducting bunkering operations 
in the ELAPS during the closure period, since bunkering is included in 
the definition of fishing (see 50 CFR 300.211). During the ELAPS 
closure, the U.S. purse seine fleet generally continues to be allowed 
to fish under the South Pacific Tuna Treaty in some foreign EEZs; 
however, the vessels are not necessarily authorized by those nations to 
conduct bunkering activities in their waters. Consequently, they are 
effectively forced to conduct bunkering operations in foreign waters or 
ports, which can result in substantial costs to fishing businesses. In 
a separate, but related rulemaking (RIN 0648-BF23), which is

[[Page 51478]]

being published elsewhere in this issue of the Federal Register, NMFS 
is removing, through an interim rule, the restrictions on bunkering 
operations, if otherwise authorized by applicable laws and regulations, 
in the ELAPS during the closure period.

Classification

    The Administrator, Pacific Islands Region, NMFS, has determined 
that this final rule is consistent with the WCPFC Implementation Act 
and other applicable laws.

Administrative Procedure Act

    NMFS may waive the 30-day delay in effectiveness required under the 
Administrative Procedure Act, 5 U.S.C. 553(d), upon a finding of good 
cause that the delay is impracticable, unnecessary, or contrary to the 
public interest. NMFS finds that it would be contrary to the public 
interest to delay the effective date of this final rule. The 
requirements have been in effect through the interim rule since May 21, 
2015, and the ELAPS has been closed to fishing by U.S. purse seiners 
since June 15, 2015. If this final rule does not enter into effect 
immediately, there could be public confusion as to whether the ELAPS is 
reopened to fishing until the rule enters into effect. Thus, this final 
rule is effective upon publication in the Federal Register so there is 
no perceived regulatory gap in the implementation of the fishing effort 
limit in the ELAPS for 2015.

Executive Order 12866

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Regulatory Flexibility Act

    Because prior notice and opportunity for public comment were not 
required for the interim rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Therefore, no final regulatory flexibility 
analysis was required and none has been prepared.

List of Subjects in 50 CFR Part 300

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

    Authority:  16 U.S.C. 6901 et seq.

    Dated: August 19, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart O--Western and Central Pacific Fisheries for Highly 
Migratory Species

0
Accordingly, the interim rule revising Sec.  300.223, paragraph (a)(1), 
which was published at 80 FR 29220 on May 21, 2015, is adopted as a 
final rule without change.

[FR Doc. 2015-20957 Filed 8-24-15; 8:45 am]
 BILLING CODE 3510-22-P
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