International Fisheries; Eastern Pacific Fisheries for Highly Migratory Species; Amend Regulations Implementing Inter-American Tropical Tuna Commission Resolution C-02-03, 36183-36184 [2016-13216]
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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 216 and 300
[Docket No. 160204078–6078–01]
RIN 0648–BF71
International Fisheries; Eastern Pacific
Fisheries for Highly Migratory Species;
Amend Regulations Implementing
Inter-American Tropical Tuna
Commission Resolution C–02–03
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule amends
regulations to allow U.S. vessels
authorized to fish under an alternative
international fisheries management
regime (e.g., the Convention on the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(WCPF Convention), to fish in the
Eastern Pacific Ocean (EPO) under the
single-trip exception to the general rule
that a vessel must be on the vessel
register of the Inter-American Tropical
Tuna Commission (IATTC) to fish for
tuna in the Eastern Tropical Pacific
Ocean (EPO). This rule is intended to
conform U.S. implementing regulations
to the IATTC resolution that they
implement and remove an unnecessary
restriction on the ability of U.S. vessels
to use this exception.
DATES: This rule is effective on June 6,
2016.
ADDRESSES: You may view this
document, identified by NOAA–NMFS–
2016–0036, e-Rulemaking Portal at
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20160036.
SUMMARY:
mstockstill on DSK3G9T082PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Chris Fanning, NMFS, West Coast
Region, 562–980–4198.
SUPPLEMENTARY INFORMATION: NMFS is
issuing a final rule under the authority
of the Tuna Conventions Act of 1950, as
amended (TCA). 16 U.S.C. 951 et seq.
As a party to the Convention for the
Strengthening of the IATTC Established
by the 1949 Convention between the
United States of America and the
Republic of Costa Rica and a member of
the IATTC, the United States is
obligated to implement the decisions of
the IATTC, including resolutions
governing the conservation of tuna and
tuna-like species in the Convention
VerDate Sep<11>2014
16:21 Jun 03, 2016
Jkt 238001
Area. The Convention Area includes the
waters bounded by the coast of the
Americas, the 50° N. and 50° S.
parallels, and the 150° W. meridian.
NMFS implements binding resolutions
of the IATTC under authority of the
TCA. The regulations at 50 CFR
300.22(b)(1) implement Resolution
C–02–03 (Resolution on the Capacity of
the Tuna Fleet Operating in the Eastern
Pacific Ocean (Revised)) adopted by the
IATTC in June 2002. This rule makes a
minor, technical revision to those
regulations to be more consistent with
the resolution and facilitate fishing by
U.S. vessels in the EPO.
Paragraph 12 of Resolution C–02–03
provides opportunities for up to 32 U.S.
vessels authorized to fish in other areas
of the Pacific Ocean under an
alternative international fisheries
management regime to fish a single trip
per year in the EPO even if the vessels
are not listed on the IATTC’s Vessel
Register. Vessels shall be authorized to
fish in the EPO provided that the fishing
activity of any such vessels in the EPO
is limited to a single trip not to exceed
90 days in one calendar year, the vessels
do not possess a Dolphin Mortality
Limit pursuant to the Agreement on the
International Dolphin Conservation
Program, and the vessels carry an
approved observer. The current
regulations implementing Resolution
C–02–03, issued on April 12, 2005 (70
FR 19004), explicitly reference South
Pacific Tuna Treaty (SPTT) licenses as
the only licenses that qualify vessels for
the single-trip exception. At the time of
the 2005 final rule, the SPTT was the
predominant ‘‘alternative international
fisheries management regime’’ that
provided for the authorization of fishing
by U.S. purse seine vessels in the
western Pacific Ocean. The WCPF
Convention entered into force for the
United States in 2007.
Under regulations implementing the
decisions of the Commission for the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(WCPFC), vessels used to commercially
fish highly migratory species on the
high seas in the WCPF Convention Area
must be permitted to do so by NMFS
(see 50 CFR 300.212). Because of the
large overlap between the WCPFC
Convention Area and the SPTT Area,
vessels that fish under the SPTT also are
typically permitted by NMFS under 50
CFR 300.212 to fish on the high seas in
the WCPF Convention Area. These
vessels are subject to regulations
implementing conservation and
management measures adopted by the
WCPFC, the organization that carries
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Fmt 4700
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36183
out the management regime established
under the WCPF Convention.
SPTT licenses were not issued for the
period starting January 1, 2016, through
early March 2016, and it is unclear if
they will be issued beyond 2016.
Because of the wording of the
implementing regulations, U.S. vessels
could not use the single-trip EPO
exception during the period of nonissuance of SPTT licenses. This final
rule amends 50 CFR 300.22(b)(1) to
allow U.S. vessels authorized to fish in
areas of the Pacific Ocean other than the
EPO under another alternative
international fisheries management
regime (e.g., the WCPFC) to fish under
the single-vessel exception.
This rule also revises 50 CFR
216.24(b)(6)(iii)(C) to: remove and
replace the reference to ‘‘South Pacific
Tuna Treaty’’ to conform to § 300.22(b)
described above, and correct two crossreferences to § 300.22(b). Also in that
paragraph, the reference to the
Southwest Regional Administrator,
NMFS, is changed to ‘‘Administrator,
West Coast Region’’ to reflect the merger
of the former Southwest Region into a
new West Coast Region and assumption
of the responsibilities of the former
Southwest Regional Administrator by
the new West Coast Regional
Administrator.
Classification
The NMFS Assistant Administrator
has determined that this rule is
consistent with the Tuna Conventions
Act, as amended, and other applicable
laws.
Administrative Procedure Act
There is good cause under 5 U.S.C.
553(b)(B) to waive prior notice and
opportunity for public comment on this
action. Replacing ‘‘South Pacific Tuna
Treaty’’ in the regulations with the exact
wording from IATTC Resolution C–02–
03 ‘‘alternative international tuna purse
seine fisheries management regime’’ is a
minor, technical correction that reflects
the original intention of the regulation.
The same vessels operating in the
Western Pacific that were intended to be
able to use the single-trip exception
under the original wording would have
access to the exception under the
revised wording, and no vessels are
added or removed from eligibility.
Furthermore, because the purse seine
fishery for tuna is active now in the
Eastern Pacific, the existing reference to
‘‘South Pacific Tuna Treaty’’ in the
absence of the issuance of SPTT licenses
is an impediment to lawful fishing by
U.S. vessels under Resolution C–02–03.
Therefore, providing prior notice and
opportunity for public comment on this
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06JNR1
36184
Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
action would be unnecessary and
contrary to the public interest. For the
same reasons, under 5 U.S.C. 553(d)(3)
NMFS finds good cause to waive the
requirement to delay for 30 days the
effectiveness of this rule.
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 are not required for
this 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.
3. The authority citation for part 300
continues to read as follows:
50 CFR Part 216
Authority: 16 U.S.C. 951 et seq., 16 U.S.C.
1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C.
2431 et seq., 31 U.S.C. 9701 et seq.
Administrative practice and
procedure, Exports, Fish, Imports,
Indians, Labeling, Marine mammals.
4. In § 300.22, revise paragraph (b)(1)
to read as follows:
■
50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
§ 300.22 Eastern Pacific fisheries
recordkeeping and written reports.
*
Dated: May 31, 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 parts 216 and 300 are
amended as follows:
PART 216—REGULATIONS
GOVERNING THE TAKING AND
IMPORTING OF MARINE MAMMALS
1. The authority citation for part 216
continues to read as follows:
■
Authority: 16 U.S.C. 1361 et seq., unless
otherwise noted.
2. In § 216.24, revise paragraph
(b)(6)(iii)(C) to read as follows:
■
§ 216.24 Taking and related acts incidental
to commercial fishing operations by tuna
purse seine vessels in the eastern tropical
Pacific Ocean.
mstockstill on DSK3G9T082PROD with RULES
*
*
*
*
*
(b) * * *
(6) * * *
(iii) * * *
(C) The owner or managing owner of
a purse seine vessel that is permitted
and authorized under an alternative
international tuna purse seine fisheries
management regime in the Pacific
Ocean must submit the vessel
assessment fee, as established by the
IATTC or other approved observer
program, to the Administrator, West
16:21 Jun 03, 2016
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
■
List of Subjects
VerDate Sep<11>2014
Coast Region, prior to obtaining an
observer and entering the ETP to fish.
Consistent with § 300.22(b)(1) of this
title, this class of purse seine vessels is
not required to be listed on the Vessel
Register under § 300.22(b)(4) of this title
in order to purse seine for tuna in the
ETP during a single fishing trip per
calendar year of 90 days or less.
Payment of the vessel assessment fee
must be consistent with the fee for
active status on the Vessel Register
under § 300.22(b)(4)(i) of this title.
*
*
*
*
*
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*
*
*
*
(b) * * *
(1) Exception. Once per year, a vessel
that is permitted and authorized under
an alternative international tuna purse
seine fisheries management regime in
the Pacific Ocean may exercise an
option to fish with purse seine gear to
target tuna in the Convention Area
without being listed on the Vessel
Register and without being categorized
as active under paragraph (b)(4)(i) of
this section, for a fishing trip that does
not exceed 90 days in duration. No more
than 32 of such trips are allowed each
calendar year. After the commencement
of the 32nd such trip, the Regional
Administrator shall announce, in the
Federal Register and by other
appropriate means, that no more such
trips are allowed for the remainder of
the calendar year. Under
§ 216.24(b)(6)(iii)(C) of this title, vessel
assessment fees must be paid for vessels
exercising this option.
*
*
*
*
*
[FR Doc. 2016–13216 Filed 6–3–16; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 151117999–6440–02]
RIN 0648–BF56
Fisheries Off West Coast States; West
Coast Salmon Fisheries; 2016
Management Measures; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
On May 2, 2016, NMFS
published a final rule to implement
fishery management measures for the
2016 ocean salmon fisheries off the
coast of the states of Washington,
Oregon, and California under the
jurisdiction of the Pacific Fisheries
Management Council (Council). This
correction changes the minimum size
table for the commercial salmon fishery
from Point Arena to Pigeon Point, CA,
and the description of the tribal area
and boundaries for the treaty Indian
fisheries for the Quileute Nation; these
were incorrect in the original rule.
DATES: This correction is effective June
6, 2016, until the effective date of the
2017 management measures, which will
be published in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Need for Correction
On May 2, 2016, NMFS published a
final rule (81 FR 26157) that
implemented the fishery management
measures for the 2016 ocean salmon
fisheries off the coasts of the states of
Washington, Oregon, and California
under the jurisdiction of the Council.
Subsequent to filing this rule with the
Office of the Federal Register, two
typographical errors were noted.
On page 26164, the table under the
subheading ‘‘B. Minimum Size,’’ for the
area ‘‘Point Arena to Pigeon Point,’’ two
time periods are listed that incorrectly
exclude the date September 1. This is
inconsistent with the management
measures described in the related text
within the rule. Additionally, these size
restrictions are intended to be consistent
with the commercial salmon fisheries
managed by the State of California. This
rule corrects the table to be consistent
with the management measures
described in the text of the final rule,
and as adopted and recommended by
E:\FR\FM\06JNR1.SGM
06JNR1
Agencies
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36183-36184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13216]
[[Page 36183]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 216 and 300
[Docket No. 160204078-6078-01]
RIN 0648-BF71
International Fisheries; Eastern Pacific Fisheries for Highly
Migratory Species; Amend Regulations Implementing Inter-American
Tropical Tuna Commission Resolution C-02-03
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends regulations to allow U.S. vessels
authorized to fish under an alternative international fisheries
management regime (e.g., the Convention on the Conservation and
Management of Highly Migratory Fish Stocks in the Western and Central
Pacific Ocean (WCPF Convention), to fish in the Eastern Pacific Ocean
(EPO) under the single-trip exception to the general rule that a vessel
must be on the vessel register of the Inter-American Tropical Tuna
Commission (IATTC) to fish for tuna in the Eastern Tropical Pacific
Ocean (EPO). This rule is intended to conform U.S. implementing
regulations to the IATTC resolution that they implement and remove an
unnecessary restriction on the ability of U.S. vessels to use this
exception.
DATES: This rule is effective on June 6, 2016.
ADDRESSES: You may view this document, identified by NOAA-NMFS-2016-
0036, e-Rulemaking Portal at www.regulations.gov/#!docketDetail;D=NOAA-
NMFS-2016-0036.
FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, West Coast
Region, 562-980-4198.
SUPPLEMENTARY INFORMATION: NMFS is issuing a final rule under the
authority of the Tuna Conventions Act of 1950, as amended (TCA). 16
U.S.C. 951 et seq. As a party to the Convention for the Strengthening
of the IATTC Established by the 1949 Convention between the United
States of America and the Republic of Costa Rica and a member of the
IATTC, the United States is obligated to implement the decisions of the
IATTC, including resolutions governing the conservation of tuna and
tuna-like species in the Convention Area. The Convention Area includes
the waters bounded by the coast of the Americas, the 50[deg] N. and
50[deg] S. parallels, and the 150[deg] W. meridian. NMFS implements
binding resolutions of the IATTC under authority of the TCA. The
regulations at 50 CFR 300.22(b)(1) implement Resolution C-02-03
(Resolution on the Capacity of the Tuna Fleet Operating in the Eastern
Pacific Ocean (Revised)) adopted by the IATTC in June 2002. This rule
makes a minor, technical revision to those regulations to be more
consistent with the resolution and facilitate fishing by U.S. vessels
in the EPO.
Paragraph 12 of Resolution C-02-03 provides opportunities for up to
32 U.S. vessels authorized to fish in other areas of the Pacific Ocean
under an alternative international fisheries management regime to fish
a single trip per year in the EPO even if the vessels are not listed on
the IATTC's Vessel Register. Vessels shall be authorized to fish in the
EPO provided that the fishing activity of any such vessels in the EPO
is limited to a single trip not to exceed 90 days in one calendar year,
the vessels do not possess a Dolphin Mortality Limit pursuant to the
Agreement on the International Dolphin Conservation Program, and the
vessels carry an approved observer. The current regulations
implementing Resolution C-02-03, issued on April 12, 2005 (70 FR
19004), explicitly reference South Pacific Tuna Treaty (SPTT) licenses
as the only licenses that qualify vessels for the single-trip
exception. At the time of the 2005 final rule, the SPTT was the
predominant ``alternative international fisheries management regime''
that provided for the authorization of fishing by U.S. purse seine
vessels in the western Pacific Ocean. The WCPF Convention entered into
force for the United States in 2007.
Under regulations implementing the decisions of the Commission for
the Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean (WCPFC), vessels used to commercially
fish highly migratory species on the high seas in the WCPF Convention
Area must be permitted to do so by NMFS (see 50 CFR 300.212). Because
of the large overlap between the WCPFC Convention Area and the SPTT
Area, vessels that fish under the SPTT also are typically permitted by
NMFS under 50 CFR 300.212 to fish on the high seas in the WCPF
Convention Area. These vessels are subject to regulations implementing
conservation and management measures adopted by the WCPFC, the
organization that carries out the management regime established under
the WCPF Convention.
SPTT licenses were not issued for the period starting January 1,
2016, through early March 2016, and it is unclear if they will be
issued beyond 2016. Because of the wording of the implementing
regulations, U.S. vessels could not use the single-trip EPO exception
during the period of non-issuance of SPTT licenses. This final rule
amends 50 CFR 300.22(b)(1) to allow U.S. vessels authorized to fish in
areas of the Pacific Ocean other than the EPO under another alternative
international fisheries management regime (e.g., the WCPFC) to fish
under the single-vessel exception.
This rule also revises 50 CFR 216.24(b)(6)(iii)(C) to: remove and
replace the reference to ``South Pacific Tuna Treaty'' to conform to
Sec. 300.22(b) described above, and correct two cross-references to
Sec. 300.22(b). Also in that paragraph, the reference to the Southwest
Regional Administrator, NMFS, is changed to ``Administrator, West Coast
Region'' to reflect the merger of the former Southwest Region into a
new West Coast Region and assumption of the responsibilities of the
former Southwest Regional Administrator by the new West Coast Regional
Administrator.
Classification
The NMFS Assistant Administrator has determined that this rule is
consistent with the Tuna Conventions Act, as amended, and other
applicable laws.
Administrative Procedure Act
There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice
and opportunity for public comment on this action. Replacing ``South
Pacific Tuna Treaty'' in the regulations with the exact wording from
IATTC Resolution C-02-03 ``alternative international tuna purse seine
fisheries management regime'' is a minor, technical correction that
reflects the original intention of the regulation. The same vessels
operating in the Western Pacific that were intended to be able to use
the single-trip exception under the original wording would have access
to the exception under the revised wording, and no vessels are added or
removed from eligibility. Furthermore, because the purse seine fishery
for tuna is active now in the Eastern Pacific, the existing reference
to ``South Pacific Tuna Treaty'' in the absence of the issuance of SPTT
licenses is an impediment to lawful fishing by U.S. vessels under
Resolution C-02-03. Therefore, providing prior notice and opportunity
for public comment on this
[[Page 36184]]
action would be unnecessary and contrary to the public interest. For
the same reasons, under 5 U.S.C. 553(d)(3) NMFS finds good cause to
waive the requirement to delay for 30 days the effectiveness of this
rule.
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 are not
required for this 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.
List of Subjects
50 CFR Part 216
Administrative practice and procedure, Exports, Fish, Imports,
Indians, Labeling, Marine mammals.
50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: May 31, 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 parts 216 and 300
are amended as follows:
PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE
MAMMALS
0
1. The authority citation for part 216 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
0
2. In Sec. 216.24, revise paragraph (b)(6)(iii)(C) to read as follows:
Sec. 216.24 Taking and related acts incidental to commercial fishing
operations by tuna purse seine vessels in the eastern tropical Pacific
Ocean.
* * * * *
(b) * * *
(6) * * *
(iii) * * *
(C) The owner or managing owner of a purse seine vessel that is
permitted and authorized under an alternative international tuna purse
seine fisheries management regime in the Pacific Ocean must submit the
vessel assessment fee, as established by the IATTC or other approved
observer program, to the Administrator, West Coast Region, prior to
obtaining an observer and entering the ETP to fish. Consistent with
Sec. 300.22(b)(1) of this title, this class of purse seine vessels is
not required to be listed on the Vessel Register under Sec.
300.22(b)(4) of this title in order to purse seine for tuna in the ETP
during a single fishing trip per calendar year of 90 days or less.
Payment of the vessel assessment fee must be consistent with the fee
for active status on the Vessel Register under Sec. 300.22(b)(4)(i) of
this title.
* * * * *
PART 300--INTERNATIONAL FISHERIES REGULATIONS
0
3. The authority citation for part 300 continues to read as follows:
Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16
U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.
0
4. In Sec. 300.22, revise paragraph (b)(1) to read as follows:
Sec. 300.22 Eastern Pacific fisheries recordkeeping and written
reports.
* * * * *
(b) * * *
(1) Exception. Once per year, a vessel that is permitted and
authorized under an alternative international tuna purse seine
fisheries management regime in the Pacific Ocean may exercise an option
to fish with purse seine gear to target tuna in the Convention Area
without being listed on the Vessel Register and without being
categorized as active under paragraph (b)(4)(i) of this section, for a
fishing trip that does not exceed 90 days in duration. No more than 32
of such trips are allowed each calendar year. After the commencement of
the 32nd such trip, the Regional Administrator shall announce, in the
Federal Register and by other appropriate means, that no more such
trips are allowed for the remainder of the calendar year. Under Sec.
216.24(b)(6)(iii)(C) of this title, vessel assessment fees must be paid
for vessels exercising this option.
* * * * *
[FR Doc. 2016-13216 Filed 6-3-16; 8:45 am]
BILLING CODE 3510-22-P