International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for the Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the Western and Central Pacific Fisheries Commission, 24501-24504 [2016-09679]
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Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations
1852.223–73
List of Subjects in 48 CFR Parts 1815,
1842, and 1852
DEPARTMENT OF COMMERCE
6. Amend section 1852.223–73, in
ALTERNATE I, by removing
‘‘1823.7001(c)(1)’’ and adding
‘‘1823.7001(c)’’ in its place.
National Oceanic and Atmospheric
Administration
1852.223–75
[Docket No. 150924885–6324–02]
■
Government procurement.
Manuel Quinones,
NASA FAR Supplement Manager.
Accordingly, 48 CFR parts 1815, 1842,
and 1852 are amended as follows:
1. The authority citation for parts
1815, 1842, and 1852 continues to read
as follows:
■
Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
[Amended]
7. Amend the introductory text of
section 1852.223–75 by removing
‘‘1823.7001(d)’’ and adding
‘‘1823.7001(e)(1)’’ and in the
introductory text of ALTERNATE I
removing ‘‘1823.7001(d)(2)’’ and adding
‘‘1823.7001(e)(2)’’in their place.
■
PART 1815—CONTRACTING BY
NEGOTIATION
1852.227–88
1815.408–70
■
[Amended]
2. Amend section 1815.408–70, in
paragraph (c) by removing ‘‘1815.215–
85’’ and adding ‘‘1852.215–85’’ in its
place.
■
PART 1842—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
3. Add sections 1842–7002 and 1842–
7003 to subpart 1842.70 to read as
follows:
1842.7002
States.
Travel outside of the United
The contracting officer shall insert the
clause at 1852.242–71, Travel Outside of
the United States, in costreimbursement solicitations and
contracts where a contractor may travel
outside of the United States and it is
appropriate to require Government
approval of the travel.
1842.7003 Emergency medical services
and evacuation.
The contracting officer must insert the
clause at 1852.242–78, Emergency
Medical Services and Evacuation, in all
solicitations and contracts when
employees of the contractor are required
to travel outside the United States or to
remote locations in the United States.
PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1852.215–79
[Amended]
4. Amend the introductory text of
section 1852.215–79 by removing
‘‘1815.407–70(b)’’ and adding
‘‘1815.408–70(b)’’ in its place.
■
1852.217–72
[Amended]
5. Amend the introductory text of
section 1852.217–72 by removing
‘‘1817.7302(b)’’ and adding
‘‘1817.7002(b)’’ in its place.
■
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[Amended]
8. Amend the introductory text of
section 1852.227–88 by removing
‘‘1827.409(m)’’ and adding
‘‘1827.409(m)(1)’’ in its place.
1852.228–71
[Amended]
1852.239–70
[Amended]
10. Amend the introductory text of
section 1852.239–70 by removing
‘‘1839.106–70(a)(1)’’ and adding
‘‘1839.107–70(a)(1)’’ and in the
introductory text of ALTERNATE I
removing ‘‘1839.7008(b)’’ and adding
‘‘1839.107–70(a)(2)’’in their place.
■
1852.245–73
[Amended]
11. Amend the introductory text of
section 1852.245–73 by removing
‘‘1845.106–70(d)’’ and adding
‘‘1845.107–70(d)’’ in its place.
■
1852.245–82
[Amended]
12. Amend the introductory text of
section 1852.245–82 by removing
‘‘1845.106–70(m)’’ and adding
‘‘1845.107–70(m)’’ in its place.
[Amended]
13. Amend the introductory text of
section 1852.245–83 by removing
‘‘1845.106–70(n)’’ and adding
‘‘1845.107–70(n)’’ in its place.
■
1852.246–73
[Amended]
14. Amend the introductory text of
section 1852.246–73 by removing
‘‘1845.370(b)’’ and adding ‘‘1846.370’’
in its place.
[FR Doc. 2016–09588 Filed 4–25–16; 8:45 am]
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International Fisheries; Pacific Tuna
Fisheries; Fishing Restrictions for the
Area of Overlap Between the
Convention Areas of the InterAmerican Tropical Tuna Commission
and the Western and Central Pacific
Fisheries Commission
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 Recommendation C–12–11
of the Inter-American Tropical Tuna
Commission (IATTC) by revising the
management regime for the area of
overlapping jurisdiction between the
IATTC and the Commission for the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(WCPFC). These regulations provide
that the management measures of the
IATTC no longer apply in the area of
overlapping jurisdiction, with the
exception of regulations governing the
IATTC Regional Vessel Register. This
rule is necessary for the United States to
satisfy its obligations as a member of the
IATTC.
DATES: This rule is effective May 26,
2016.
Copies of the Regulatory
Impact Review and other supporting
documents prepared for this final rule
are available via the Federal
eRulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2015–0158 or by contacting the
Regional Administrator, William W.
Stelle, Jr., NMFS West Coast Region,
7600 Sand Point Way NE., Bldg 1,
Seattle, WA 98115–0070, or
RegionalAdministrator.WCRHMS@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Rachael Wadsworth, NMFS, West Coast
Region, 562–980–4036.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2015, NMFS
published a proposed rule in the
Federal Register (80 FR 80741) to
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ADDRESSES:
■
1852.245–83
50 CFR Part 300
SUMMARY:
9. Amend the introductory text of
section 1852.228–71 by removing
‘‘1828.311–2’’ and adding ‘‘1828.311–
270(a)’’ in its place.
■
■
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Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations
implement IATTC Recommendation C–
12–11 (IATTC—WCPFC Overlap Area);
the IATTC adopted this
Recommendation at its 84th meeting in
October 2012. The convention areas for
the IATTC and WCPFC overlap in the
Pacific Ocean waters within a
rectangular area bounded by 50° S.
latitude, 150° W. longitude, 130° W.
longitude, and 4° S. latitude (‘‘Area of
Overlap’’). Recommendation C–12–11
calls for each flag State member, if it is
a member of both organizations, to
decide, for a period of not less than 3
years, whether IATTC or WCPFC
conservation and management measures
will apply to vessels listed in the
registers of both organizations while
fishing in the Area of Overlap. The
proposed rule contained additional
background information, including
information on the IATTC, the
international obligations of the United
States as an IATTC member, and the
need for regulations. The 30-day public
comment period for the proposed rule
closed on January 27, 2016.
Prior to this rule, both the U.S.
regulations that implement the
decisions of the IATTC (see 50 CFR part
300, subpart C) and the regulations that
implement the decisions of the WCPFC
(see 50 CFR part 300, subpart O) applied
in the Area of Overlap. This rule
implements Recommendation C–12–11
and establishes that, in the Area of
Overlap, the regulations that implement
the decisions of the IATTC at 50 CFR
part 300, subpart C, do not apply;
however, regulations pertaining to the
IATTC Regional Vessel Register at 50
CFR 300.22(b) still apply.
The decisions of the WCPFC as
implemented by NMFS regulations at 50
CFR part 300, subpart O would continue
to apply in the Area of Overlap. Under
this rule, the definition of the IATTC
Convention Area is revised into two
parts: (1) Include the Area of Overlap in
the definition of the IATTC Convention
Area for the purpose of IATTC Regional
Vessel Register regulations at 50 CFR
300.22(b), and (2) exclude the Area of
Overlap in the definition of the
Convention Area for the purpose of
regulations at 50 CFR part 300, subpart
C.
The final rule is implemented under
the authority of the Tuna Conventions
Act (16 U.S.C. 951 et seq.), as amended
on November 5, 2015, by title II of
Public Law 114–81. The recent
amendments provide that the Secretary
of Commerce, in consultation with the
Secretary of State and, with respect to
enforcement measures, the Secretary of
the Department of Homeland Security,
may promulgate such regulations as
may be necessary to carry out U.S.
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international obligations under the
Convention, including
recommendations and decisions
adopted by the IATTC. The Secretary’s
authority to promulgate such
regulations has been delegated to
NMFS.
NMFS notes that on January 29, 2016,
after publication of the proposed rule,
the United States deposited a formal
notice of intent to withdraw from the
Treaty on Fisheries between the
Governments of Certain Pacific Island
States and the Government of the
United States of America (aka the South
Pacific Tuna Treaty or SPTT). The SPTT
entered into force in 1988, and provides
for the establishment of terms and
conditions for the U.S. tuna purse seine
fleet to fish in certain areas of the
Western and Central Pacific Ocean
(WCPO), including waters under the
jurisdiction of the Pacific Island Parties
to the SPTT. A small part of the SPTT
Convention Area is in the Overlap Zone;
fishing vessels of the United States
operating in the SPTT Convention Area
are subject to 50 CFR part 300, subpart
D. The SPTT will terminate 1 year from
the receipt of the deposit of the formal
notice of withdrawal unless the United
States rescinds the notice. Due in part
to uncertainty regarding fishing access
pursuant to the SPTT in 2016, 15 large
purse seine vessels (>362.8 metric ton
well volume) that typically fish in the
WCPO requested to be added to the
IATTC Regional Vessel Register for
fishing access in the EPO. Consequently,
the combined well volume capacity of
all U.S. purse seine vessels is 29,390 m3,
which is close to the 31,775 m3 limit for
the United States.
Public Comments and Responses
NMFS received one comment letter
during the 30-day public comment
period that closed on January 27, 2016.
At the time the comment letter was
received, no SPTT licenses had been
issued to U.S. vessels for 2016. On
February 29, 2016, the Pacific Island
Parties to the SPTT and the United
States finalized revised terms of access
to waters under the jurisdiction of the
Pacific Island parties for 2016. The
comment letter included references to
the situation with the SPTT, as
described above, and the distribution of
fishing effort of U.S. purse seine vessels
between the WCPO and EPO. The
concerns expressed in the comment
letter were separated into three
comments, which NMFS responds to
below.
Comment 1: Recently, the fishing
effort of much of the American Samoan
fleet has shifted from the WCPFC to the
IATTC Convention Area; therefore, the
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commenter opposes this proposed rule
to apply WCPFC regulations to the Area
of Overlap instead of IATTC regulations.
Due to the lack of SPTT licenses, the
U.S. purse seine fleet has been
prohibited from fishing in the SPTT
Licensing Area and 15 U.S. flagged
purse seiners are utilizing their
historical rights to fish in the IATTC
Convention Area. Because these vessels
would now be following IATTC
regulations, the statement made to
support the proposed rule is no longer
accurate: ‘‘. . . the U.S. fisheries
impacted by this rulemaking occur
mostly in the WCPFC Area.’’
Response: As described in the
preamble, NMFS recognizes that this
has been an unusual year for the U.S
purse seine fleet fishing under the SPTT
and that there has been uncertainty in
the structure and future of the SPTT. At
the time the proposed rule published,
no SPTT licenses had been issued to
U.S. vessels for 2016, and large purse
seine vessels that typically fish in the
WCPO requested to be added to the
IATTC Regional Vessel Register for
fishing access in the EPO. However, on
February 29, 2016, the Pacific Island
parties and the United States finalized
revised terms of access for 2016. While
the future of the SPTT remains
uncertain, U.S. purse seine vessels have
been issued SPTT licenses for 2016 as
of the date of publication of this final
rule.
Due to the uncertainty in the future of
the SPTT and the terms of fishing access
to waters under the jurisdiction of
Pacific Island parties for U.S. purse
seine vessels in the future, NMFS
intends to apply these regulations for 3
years, and may re-evaluate the location
of fishing effort between the EPO and
WCPO after that time to consider any
substantial changes in the fisheries. In
the event that the SPTT does terminate,
owners of U.S. purse seine vessels may
be able to obtain authorization from
Pacific Island nations to fish in waters
under their jurisdiction through
alternative arrangements.
Although Comment 1 references that
the fishing effort of 15 purse seine
vessels recently changed from the
WCPO to the EPO, NMFS evaluated the
impacts of the rule by reviewing all U.S.
fishing activity in the Area of Overlap,
including other gear types outside of the
purse seine fleet. As described in the
Classification section of the proposed
rule, U.S. vessels do not fish in the Area
of Overlap often. The two gear types
that have fished in the Area of Overlap
since 2008 are troll vessels that target
South Pacific albacore and purse seine
vessels that target tropical tuna. The
majority of the South Pacific albacore
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troll fishery occurs in the WCPFC
Convention Area outside the Area of
Overlap (i.e., west of 150° W.), while
some fishing has occurred in the Area
of Overlap. As described above, the well
volume capacity on the IATTC Regional
Vessel Register for 2016 is nearly at the
U.S. limit with 15 large purse seine
vessels. There are currently 27 large
purse seine vessels that are authorized
by NMFS to be used for fishing on the
high seas in the WCPFC Convention
Area that are not on the IATTC Regional
Vessel Register and these vessels will
not be able to fish full time in the EPO
for 2016. In addition, although U.S.
longline vessels have not fished in the
Area of Overlap over the past 10 years,
this fleet also primarily fishes in the
WCPO. This rule applies to vessels of all
gear types.
Comment 2: IATTC decisions
governing the IATTC Regional Vessel
Registry and Agreement on the
International Dolphin Conservation
Program (AIDCP) should not apply in
the Area of Overlap, including vessel
assessment fees, observer coverage, and
authorization for the active status of
purse seine vessels. NMFS is proposing
that vessels fishing in the Overlap Area
pay IATTC fees, follow some IATTC
rules, but also abide by all WCPFC
rules.
Response: The decisions of the AIDCP
must continue to apply regardless of the
way IATTC Recommendation C–12–11
is implemented through this
rulemaking. As explained in the
preamble of the proposed rule, the
IATTC Regional Vessel Register
regulations must continue to apply to
U.S. vessels in the Area of Overlap so
that the United States can continue to
fulfill its obligations under the AIDCP in
that area. The decisions of the IATTC
cannot undo the decisions of the AIDCP
without consensus from the AIDCP
because these organizations are
established under separate treaties. The
IATTC Regional Vessel Register is used
as a mechanism to implement AIDCP
provisions, including vessel assessment
fees, observer coverage, and
authorization for the active status of
purse seine vessels. Therefore, the
IATTC Regional Vessel Register
requirements, including the requirement
to pay vessel assessment fees required
under the AIDCP will continue to apply
in the Area of Overlap.
Comment 3: This proposed rule runs
counter to its stated intent to simplify
regulations in a way consistent with one
Commission or the other, nor is it
reflective of current status of the fishery.
It applies a historical rather than
forward looking rationale and, therefore,
fails to account for changes clearly
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occurring and likely to occur in future
fishing patterns. U.S. vessels fishing in
the EPO should follow IATTC
regulations exclusively in the Area of
Overlap and not those of the WCPFC.
Response: NMFS disagrees that this
rule would not simplify the regulations
to be followed in the Area of Overlap.
As described in the Classification
section of the proposed rule, the rule is
expected to simplify regulations
because, aside from the IATTC Regional
Vessel Register requirements, affected
vessels will only be required to follow
the measures of one organization (i.e.,
the WCPFC) rather than both
organizations (i.e., the WCPFC and the
IATTC) in the Area of Overlap. For
example, in 2015 purse seine vessel
owners and operators needed to comply
with closures applicable in the Area of
Overlap for both the IATTC and
WCPFC. The IATTC implementing
regulations at § 300.25(f) require vessel
owners and operators to select one of
two options for 62-day closures in the
IATTC Convention Area. In addition,
purse seine vessel owners and operators
needed to comply with WCPFC
regulations at § 300.223(a) that
established a limit of 1,828 purse seine
fishing days in the WCPFC Convention
Area in the areas of high seas and U.S.
EEZ between 20° N. latitude and 20° S.
latitude (an area known as the ELAPS),
which includes some of the Area of
Overlap. The limit was reached and the
applicable area was closed to purse
seine fishing from June 15, 2015,
through December 31, 2015 (80 FR
32313). Under this rule, vessel owners
and operators would not need to comply
with both sets of purse seine closures in
the Area of Overlap, and would only
need to comply with the WCPFC limit
on fishing days in the ELAPS.
Comment 3 also states that the rule
‘‘. . . applies a historical rather than
forward looking rationale and therefore
fails to account for changes clearly
occurring and likely to occur in future
fishing patterns. . . .’’ As described in
the response to Comment 1, NMFS
cannot speculate on the outcome of the
SPTT negotiations or future fishing
grounds of the purse seine fleet, and can
only evaluate the information that is
currently available. Furthermore, NMFS
cannot predict other changes that may
occur in future fishing patterns outside
of the SPTT. For example, changes in
regional fisheries management
organization measures in the future
could lead to more or less restrictive
measures for fleets that would require
more or less burden in the Area of
Overlap. Given that the majority of the
U.S. fleet that has utilized the Area of
Overlap in the past eight years has
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fished predominantly in the WCPO,
NMFS still considers the decisions of
the WCPFC to be the more uniform set
of regulations for the U.S. fleet to follow
when in the Area of Overlap. Moreover,
NMFS may re-evaluate the location of
fishing effort between the EPO and
WCPO three years from now to consider
revising this rule in light of any
substantial changes in the fisheries.
Changes From the Proposed Rule
There are no changes in the regulatory
text between the proposed and final
rule.
Classification
The NMFS Assistant Administrator
has determined that this rule is
consistent with the Tuna Conventions
Act and other applicable laws.
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
Additionally, although there are no
new collection-of-information
requirements associated with this action
that are subject to the Paperwork
Reduction Act, existing collection-ofinformation requirements still apply
under the following Control Numbers:
(1) 0648–0596, Vessel Monitoring
System (VMS) Requirements under the
WCPFC; (2) 0648–0595, WCPFC Vessel
Information Family of Forms; (3) 0648–
0649, Transshipment Requirements
under the WPCFC; and (4) 0648–0204,
West Coast Region Family of Forms.
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
to the requirements of the PRA, unless
that collection-of-information displays a
currently valid OMB control number.
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
the certification. Therefore, the
certification published with the
proposed rule that states this rule is not
expected to have a significant economic
impact on a substantial number of small
entities is still valid. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 300
Fish, Fisheries, Fishing, Fishing
vessels, International organizations,
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Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Rules and Regulations
Marine resources, Reporting and
recordkeeping requirements, Treaties.
Dated: April 21, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
DEPARTMENT OF COMMERCE
FOR FURTHER INFORMATION CONTACT:
National Oceanic and Atmospheric
Administration
Carly Bari, Fishery Policy Analyst, (978)
281–9224.
SUPPLEMENTARY INFORMATION:
50 CFR Part 648
[Docket No. 151110999–6315–02]
For the reasons set out in the
preamble, 50 CFR part 300 is amended
as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
RIN 0648–BF53
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
and Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
1. The authority citation for part 300,
subpart C, continues to read as follows:
■
Authority: 16 U.S.C. 951 et seq.
2. In § 300.21, revise the definition for
‘‘Convention Area’’ to read as follows:
■
§ 300.21
Definitions.
*
*
*
*
*
Convention Area or IATTC
Convention Area means:
(1) For the purpose of § 300.22(b), all
waters of the Pacific Ocean within the
area bounded by the west coast of the
Americas and by 50° N. latitude from
the coast of North America to its
intersection with 150° W. longitude,
then 150° W. longitude to its
intersection with 50° S. latitude, and
then 50° S. latitude to its intersection
with the coast of South America; and
(2) For the purpose of all other
sections and paragraphs of this subpart,
all waters of the Pacific Ocean within
the area bounded by the west coast of
the Americas and by 50° N. latitude
from the coast of North America to its
intersection with 150° W. longitude,
then 150° W. longitude to its
intersection with 4° S. latitude, then 4°
S. to its intersection with 130° W.
longitude, then 130° W. longitude to its
intersection with 50° S. latitude, and
then 50° S. latitude to its intersection
with the coast of South America.
*
*
*
*
*
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NMFS is implementing 2016–
2018 specifications for Atlantic
mackerel and the river herring and shad
catch cap for Atlantic mackerel. This
action also adjusts the butterfish mesh
requirement, clarifies the use of net
strengtheners in the butterfish fishery,
and suspends indefinitely the pre-trip
notification system requirement in the
longfin squid fishery. These
specifications set catch levels to prevent
overfishing and allocate catch to
commercial and recreational fisheries.
Additionally, the adjustments to gear
and reporting requirements in the squid
and butterfish fisheries will make
operation of the fisheries more efficient
and less burdensome. These
specifications and management
measures are consistent with the
Atlantic Mackerel, Squid, and Butterfish
Fishery Management Plan and the
recommendations of the Mid-Atlantic
Fishery Management Council.
DATES: Effective May 26, 2016, except
for the amendment to § 648.11(n)(1),
which is effective April 26, 2016.
ADDRESSES: Copies of the specifications
document, including the Environmental
Assessment (EA) and Regulatory Impact
Review (RIR)/Initial Regulatory
Flexibility Analysis (IRFA), are
available from: Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic
Fishery Management Council, 800 North
State Street, Suite 201, Dover, DE 19901,
telephone (302) 674–2331. The
framework document is also accessible
via the Internet at: https://www.greater
atlantic.fisheries.noaa.gov.
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 NMFS, Greater
Atlantic Regional Fisheries Office by
email to OIRA_Submission@
omb.eop.gov, or fax to (202) 395–7285.
SUMMARY:
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Background
Specifications, as referred to in this
rule, are the combined suite of
commercial and recreational catch
levels established for one or more
fishing years. The specifications process
also allows for the modification of a
select number of management measures,
such as closure thresholds, gear
restrictions, and possession limits. The
Council’s process for establishing
specifications relies on provisions
within the Atlantic Mackerel, Squid,
and Butterfish Fishery Management
Plan (FMP) and its implementing
regulations, as well as requirements
established by the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
Specifically, section 302(g)(1)(B) of the
Magnuson-Stevens Act states that the
Scientific and Statistical Committee
(SSC) for each Regional Fishery
Management Council shall provide its
Council ongoing scientific advice for
fishery management decisions,
including recommendations for
acceptable biological catch (ABC),
preventing overfishing, maximum
sustainable yield, and achieving
rebuilding targets. The ABC is a level of
catch that accounts for the scientific
uncertainty in the estimate of the stock’s
defined overfishing level (OFL).
The Council’s SSC met on May 13 and
14, 2015, to recommend an ABC for the
2016–2018 Atlantic mackerel
specifications. On January 22, 2016,
NMFS published a proposed rule for the
2016–2018 Atlantic mackerel, squid,
and butterfish fishery specifications and
management measures (81 FR 3768); the
public comment period for the proposed
rule ended February 22, 2016. NMFS
previously set specifications for
butterfish, longfin squid, and Illex squid
for 3 years in 2015 (2015–2017) (80 FR
14870, March 20, 2015) and, therefore,
new specifications for these species are
not included in this final rule.
The Atlantic Mackerel, Squid, and
Butterfish FMP regulations require the
specification of annual catch limits
(ACL) and accountability measures
(AM) for Atlantic mackerel and
butterfish. (Both squid species are
exempt from the ACL/AM requirements
because they have life cycles of less
than 1 year.) In addition, the regulations
require the specification of domestic
annual harvest (DAH), domestic annual
processing (DAP), and total allowable
level of foreign fishing (TALFF), along
with joint venture processing (JVP) for
E:\FR\FM\26APR1.SGM
26APR1
]]>Agencies
[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Rules and Regulations]
[Pages 24501-24504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09679]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 150924885-6324-02]
RIN 0648-BF38
International Fisheries; Pacific Tuna Fisheries; Fishing
Restrictions for the Area of Overlap Between the Convention Areas of
the Inter-American Tropical Tuna Commission and the Western and Central
Pacific Fisheries Commission
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act to
implement Recommendation C-12-11 of the Inter-American Tropical Tuna
Commission (IATTC) by revising the management regime for the area of
overlapping jurisdiction between the IATTC and the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean (WCPFC). These regulations provide
that the management measures of the IATTC no longer apply in the area
of overlapping jurisdiction, with the exception of regulations
governing the IATTC Regional Vessel Register. This rule is necessary
for the United States to satisfy its obligations as a member of the
IATTC.
DATES: This rule is effective May 26, 2016.
ADDRESSES: Copies of the Regulatory Impact Review and other supporting
documents prepared for this final rule are available via the Federal
eRulemaking Portal: https://www.regulations.gov, docket NOAA-NMFS-2015-
0158 or by contacting the Regional Administrator, William W. Stelle,
Jr., NMFS West Coast Region, 7600 Sand Point Way NE., Bldg 1, Seattle,
WA 98115-0070, or RegionalAdministrator.WCRHMS@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS, West Coast
Region, 562-980-4036.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2015, NMFS published a proposed rule in the Federal
Register (80 FR 80741) to
[[Page 24502]]
implement IATTC Recommendation C-12-11 (IATTC--WCPFC Overlap Area); the
IATTC adopted this Recommendation at its 84th meeting in October 2012.
The convention areas for the IATTC and WCPFC overlap in the Pacific
Ocean waters within a rectangular area bounded by 50[deg] S. latitude,
150[deg] W. longitude, 130[deg] W. longitude, and 4[deg] S. latitude
(``Area of Overlap''). Recommendation C-12-11 calls for each flag State
member, if it is a member of both organizations, to decide, for a
period of not less than 3 years, whether IATTC or WCPFC conservation
and management measures will apply to vessels listed in the registers
of both organizations while fishing in the Area of Overlap. The
proposed rule contained additional background information, including
information on the IATTC, the international obligations of the United
States as an IATTC member, and the need for regulations. The 30-day
public comment period for the proposed rule closed on January 27, 2016.
Prior to this rule, both the U.S. regulations that implement the
decisions of the IATTC (see 50 CFR part 300, subpart C) and the
regulations that implement the decisions of the WCPFC (see 50 CFR part
300, subpart O) applied in the Area of Overlap. This rule implements
Recommendation C-12-11 and establishes that, in the Area of Overlap,
the regulations that implement the decisions of the IATTC at 50 CFR
part 300, subpart C, do not apply; however, regulations pertaining to
the IATTC Regional Vessel Register at 50 CFR 300.22(b) still apply.
The decisions of the WCPFC as implemented by NMFS regulations at 50
CFR part 300, subpart O would continue to apply in the Area of Overlap.
Under this rule, the definition of the IATTC Convention Area is revised
into two parts: (1) Include the Area of Overlap in the definition of
the IATTC Convention Area for the purpose of IATTC Regional Vessel
Register regulations at 50 CFR 300.22(b), and (2) exclude the Area of
Overlap in the definition of the Convention Area for the purpose of
regulations at 50 CFR part 300, subpart C.
The final rule is implemented under the authority of the Tuna
Conventions Act (16 U.S.C. 951 et seq.), as amended on November 5,
2015, by title II of Public Law 114-81. The recent amendments provide
that the Secretary of Commerce, in consultation with the Secretary of
State and, with respect to enforcement measures, the Secretary of the
Department of Homeland Security, may promulgate such regulations as may
be necessary to carry out U.S. international obligations under the
Convention, including recommendations and decisions adopted by the
IATTC. The Secretary's authority to promulgate such regulations has
been delegated to NMFS.
NMFS notes that on January 29, 2016, after publication of the
proposed rule, the United States deposited a formal notice of intent to
withdraw from the Treaty on Fisheries between the Governments of
Certain Pacific Island States and the Government of the United States
of America (aka the South Pacific Tuna Treaty or SPTT). The SPTT
entered into force in 1988, and provides for the establishment of terms
and conditions for the U.S. tuna purse seine fleet to fish in certain
areas of the Western and Central Pacific Ocean (WCPO), including waters
under the jurisdiction of the Pacific Island Parties to the SPTT. A
small part of the SPTT Convention Area is in the Overlap Zone; fishing
vessels of the United States operating in the SPTT Convention Area are
subject to 50 CFR part 300, subpart D. The SPTT will terminate 1 year
from the receipt of the deposit of the formal notice of withdrawal
unless the United States rescinds the notice. Due in part to
uncertainty regarding fishing access pursuant to the SPTT in 2016, 15
large purse seine vessels (>362.8 metric ton well volume) that
typically fish in the WCPO requested to be added to the IATTC Regional
Vessel Register for fishing access in the EPO. Consequently, the
combined well volume capacity of all U.S. purse seine vessels is 29,390
m\3\, which is close to the 31,775 m\3\ limit for the United States.
Public Comments and Responses
NMFS received one comment letter during the 30-day public comment
period that closed on January 27, 2016. At the time the comment letter
was received, no SPTT licenses had been issued to U.S. vessels for
2016. On February 29, 2016, the Pacific Island Parties to the SPTT and
the United States finalized revised terms of access to waters under the
jurisdiction of the Pacific Island parties for 2016. The comment letter
included references to the situation with the SPTT, as described above,
and the distribution of fishing effort of U.S. purse seine vessels
between the WCPO and EPO. The concerns expressed in the comment letter
were separated into three comments, which NMFS responds to below.
Comment 1: Recently, the fishing effort of much of the American
Samoan fleet has shifted from the WCPFC to the IATTC Convention Area;
therefore, the commenter opposes this proposed rule to apply WCPFC
regulations to the Area of Overlap instead of IATTC regulations. Due to
the lack of SPTT licenses, the U.S. purse seine fleet has been
prohibited from fishing in the SPTT Licensing Area and 15 U.S. flagged
purse seiners are utilizing their historical rights to fish in the
IATTC Convention Area. Because these vessels would now be following
IATTC regulations, the statement made to support the proposed rule is
no longer accurate: ``. . . the U.S. fisheries impacted by this
rulemaking occur mostly in the WCPFC Area.''
Response: As described in the preamble, NMFS recognizes that this
has been an unusual year for the U.S purse seine fleet fishing under
the SPTT and that there has been uncertainty in the structure and
future of the SPTT. At the time the proposed rule published, no SPTT
licenses had been issued to U.S. vessels for 2016, and large purse
seine vessels that typically fish in the WCPO requested to be added to
the IATTC Regional Vessel Register for fishing access in the EPO.
However, on February 29, 2016, the Pacific Island parties and the
United States finalized revised terms of access for 2016. While the
future of the SPTT remains uncertain, U.S. purse seine vessels have
been issued SPTT licenses for 2016 as of the date of publication of
this final rule.
Due to the uncertainty in the future of the SPTT and the terms of
fishing access to waters under the jurisdiction of Pacific Island
parties for U.S. purse seine vessels in the future, NMFS intends to
apply these regulations for 3 years, and may re-evaluate the location
of fishing effort between the EPO and WCPO after that time to consider
any substantial changes in the fisheries. In the event that the SPTT
does terminate, owners of U.S. purse seine vessels may be able to
obtain authorization from Pacific Island nations to fish in waters
under their jurisdiction through alternative arrangements.
Although Comment 1 references that the fishing effort of 15 purse
seine vessels recently changed from the WCPO to the EPO, NMFS evaluated
the impacts of the rule by reviewing all U.S. fishing activity in the
Area of Overlap, including other gear types outside of the purse seine
fleet. As described in the Classification section of the proposed rule,
U.S. vessels do not fish in the Area of Overlap often. The two gear
types that have fished in the Area of Overlap since 2008 are troll
vessels that target South Pacific albacore and purse seine vessels that
target tropical tuna. The majority of the South Pacific albacore
[[Page 24503]]
troll fishery occurs in the WCPFC Convention Area outside the Area of
Overlap (i.e., west of 150[deg] W.), while some fishing has occurred in
the Area of Overlap. As described above, the well volume capacity on
the IATTC Regional Vessel Register for 2016 is nearly at the U.S. limit
with 15 large purse seine vessels. There are currently 27 large purse
seine vessels that are authorized by NMFS to be used for fishing on the
high seas in the WCPFC Convention Area that are not on the IATTC
Regional Vessel Register and these vessels will not be able to fish
full time in the EPO for 2016. In addition, although U.S. longline
vessels have not fished in the Area of Overlap over the past 10 years,
this fleet also primarily fishes in the WCPO. This rule applies to
vessels of all gear types.
Comment 2: IATTC decisions governing the IATTC Regional Vessel
Registry and Agreement on the International Dolphin Conservation
Program (AIDCP) should not apply in the Area of Overlap, including
vessel assessment fees, observer coverage, and authorization for the
active status of purse seine vessels. NMFS is proposing that vessels
fishing in the Overlap Area pay IATTC fees, follow some IATTC rules,
but also abide by all WCPFC rules.
Response: The decisions of the AIDCP must continue to apply
regardless of the way IATTC Recommendation C-12-11 is implemented
through this rulemaking. As explained in the preamble of the proposed
rule, the IATTC Regional Vessel Register regulations must continue to
apply to U.S. vessels in the Area of Overlap so that the United States
can continue to fulfill its obligations under the AIDCP in that area.
The decisions of the IATTC cannot undo the decisions of the AIDCP
without consensus from the AIDCP because these organizations are
established under separate treaties. The IATTC Regional Vessel Register
is used as a mechanism to implement AIDCP provisions, including vessel
assessment fees, observer coverage, and authorization for the active
status of purse seine vessels. Therefore, the IATTC Regional Vessel
Register requirements, including the requirement to pay vessel
assessment fees required under the AIDCP will continue to apply in the
Area of Overlap.
Comment 3: This proposed rule runs counter to its stated intent to
simplify regulations in a way consistent with one Commission or the
other, nor is it reflective of current status of the fishery. It
applies a historical rather than forward looking rationale and,
therefore, fails to account for changes clearly occurring and likely to
occur in future fishing patterns. U.S. vessels fishing in the EPO
should follow IATTC regulations exclusively in the Area of Overlap and
not those of the WCPFC.
Response: NMFS disagrees that this rule would not simplify the
regulations to be followed in the Area of Overlap. As described in the
Classification section of the proposed rule, the rule is expected to
simplify regulations because, aside from the IATTC Regional Vessel
Register requirements, affected vessels will only be required to follow
the measures of one organization (i.e., the WCPFC) rather than both
organizations (i.e., the WCPFC and the IATTC) in the Area of Overlap.
For example, in 2015 purse seine vessel owners and operators needed to
comply with closures applicable in the Area of Overlap for both the
IATTC and WCPFC. The IATTC implementing regulations at Sec. 300.25(f)
require vessel owners and operators to select one of two options for
62-day closures in the IATTC Convention Area. In addition, purse seine
vessel owners and operators needed to comply with WCPFC regulations at
Sec. 300.223(a) that established a limit of 1,828 purse seine fishing
days in the WCPFC Convention Area in the areas of high seas and U.S.
EEZ between 20[deg] N. latitude and 20[deg] S. latitude (an area known
as the ELAPS), which includes some of the Area of Overlap. The limit
was reached and the applicable area was closed to purse seine fishing
from June 15, 2015, through December 31, 2015 (80 FR 32313). Under this
rule, vessel owners and operators would not need to comply with both
sets of purse seine closures in the Area of Overlap, and would only
need to comply with the WCPFC limit on fishing days in the ELAPS.
Comment 3 also states that the rule ``. . . applies a historical
rather than forward looking rationale and therefore fails to account
for changes clearly occurring and likely to occur in future fishing
patterns. . . .'' As described in the response to Comment 1, NMFS
cannot speculate on the outcome of the SPTT negotiations or future
fishing grounds of the purse seine fleet, and can only evaluate the
information that is currently available. Furthermore, NMFS cannot
predict other changes that may occur in future fishing patterns outside
of the SPTT. For example, changes in regional fisheries management
organization measures in the future could lead to more or less
restrictive measures for fleets that would require more or less burden
in the Area of Overlap. Given that the majority of the U.S. fleet that
has utilized the Area of Overlap in the past eight years has fished
predominantly in the WCPO, NMFS still considers the decisions of the
WCPFC to be the more uniform set of regulations for the U.S. fleet to
follow when in the Area of Overlap. Moreover, NMFS may re-evaluate the
location of fishing effort between the EPO and WCPO three years from
now to consider revising this rule in light of any substantial changes
in the fisheries.
Changes From the Proposed Rule
There are no changes in the regulatory text between the proposed
and final rule.
Classification
The NMFS Assistant Administrator has determined that this rule is
consistent with the Tuna Conventions Act and other applicable laws.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
Additionally, although there are no new collection-of-information
requirements associated with this action that are subject to the
Paperwork Reduction Act, existing collection-of-information
requirements still apply under the following Control Numbers: (1) 0648-
0596, Vessel Monitoring System (VMS) Requirements under the WCPFC; (2)
0648-0595, WCPFC Vessel Information Family of Forms; (3) 0648-0649,
Transshipment Requirements under the WPCFC; and (4) 0648-0204, West
Coast Region Family of Forms. 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 to the requirements of the PRA, unless that
collection-of-information displays a currently valid OMB control
number.
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 the certification. Therefore, the certification published
with the proposed rule that states this rule is not expected to have a
significant economic impact on a substantial number of small entities
is still valid. As a result, a regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 300
Fish, Fisheries, Fishing, Fishing vessels, International
organizations,
[[Page 24504]]
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: April 21, 2016.
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 is amended
as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
0
1. The authority citation for part 300, subpart C, continues to read as
follows:
Authority: 16 U.S.C. 951 et seq.
0
2. In Sec. 300.21, revise the definition for ``Convention Area'' to
read as follows:
Sec. 300.21 Definitions.
* * * * *
Convention Area or IATTC Convention Area means:
(1) For the purpose of Sec. 300.22(b), all waters of the Pacific
Ocean within the area bounded by the west coast of the Americas and by
50[deg] N. latitude from the coast of North America to its intersection
with 150[deg] W. longitude, then 150[deg] W. longitude to its
intersection with 50[deg] S. latitude, and then 50[deg] S. latitude to
its intersection with the coast of South America; and
(2) For the purpose of all other sections and paragraphs of this
subpart, all waters of the Pacific Ocean within the area bounded by the
west coast of the Americas and by 50[deg] N. latitude from the coast of
North America to its intersection with 150[deg] W. longitude, then
150[deg] W. longitude to its intersection with 4[deg] S. latitude, then
4[deg] S. to its intersection with 130[deg] W. longitude, then 130[deg]
W. longitude to its intersection with 50[deg] S. latitude, and then
50[deg] S. latitude to its intersection with the coast of South
America.
* * * * *
[FR Doc. 2016-09679 Filed 4-25-16; 8:45 am]
BILLING CODE 3510-22-P
