International Fisheries; Pacific Tuna Fisheries; Revised 2017 Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean, 45514-45516 [2017-20950]
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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
aggregate, or by the private sector, of
$100 million or more (adjusted annually
for inflation) in any one year.’’ In 2017,
that threshold is approximately $148
million. HHS does not expect this rule
to exceed the threshold.
S5.3.11 Dynamic ozone test. A
hydraulic brake hose shall not show
cracks visible without magnification
after having been subjected to a 48-hour
dynamic ozone test (S6.9).
*
*
*
*
*
Executive Order 13132—Federalism
[FR Doc. 2017–21085 Filed 9–28–17; 8:45 am]
HHS has reviewed this final rule in
accordance with Executive Order 13132
regarding federalism, and has
determined that it does not have
‘‘federalism implications.’’ This final
rule would not ‘‘have substantial direct
effects on the States, or on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.’’
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)) requires that OMB
approve all collections of information
by a federal agency from the public
before they can be implemented. This
final rule is projected to have no impact
on current reporting and recordkeeping
burden for manufacturers under the
340B Program. This final rule would
result in no new reporting burdens.
Comments are welcome on the accuracy
of this statement.
Dated: September 22, 2017.
George Sigounas,
Administrator, Health Resources and Services
Administration.
Thomas E. Price,
Secretary, Department of Health and Human
Services.
[FR Doc. 2017–20911 Filed 9–28–17; 8:45 am]
BILLING CODE 4165–15–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
Federal Motor Vehicle Safety
Standards
asabaliauskas on DSKBBXCHB2PROD with RULES
CFR Correction
In Title 49 of the Code of Federal
Regulations, Parts 400 to 571, revised as
of October 1, 2016, on page 319, in
§ 571.106, standard S5.3.11 is reinstated
to read as follows:
§ 571.106
Standard No. 106; Brake hoses.
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*
*
*
*
S5. Requirements—hydraulic brake
hose, brake hose assemblies, and brake
hose end fittings.
*
*
*
*
*
VerDate Sep<11>2014
16:55 Sep 28, 2017
Jkt 241001
BILLING CODE 1301–00–D
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 170815764–7877–01]
RIN 0648–BH12
International Fisheries; Pacific Tuna
Fisheries; Revised 2017 Fishing
Restrictions for Tropical Tuna in the
Eastern Pacific Ocean
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 amendments to Resolution
C–17–01 (Conservation of Tuna in the
Eastern Pacific Ocean During 2017) per
Resolution C–17–02 (Conservation
Measures for Tropical Tunas in the
Eastern Pacific Ocean During 2018–
2020 and Amendment to Resolution C–
17–01) which was adopted by the InterAmerican Tropical Tuna Commission
(IATTC or Commission) in July 2017.
Applicable to the purse seine fleet
fishing for tropical tunas (bigeye,
yellowfin, and skipjack tuna) in the
eastern Pacific Ocean (EPO) and only for
the remainder of the 2017 calendar year,
the amendments to Resolution C–17–01
remove the total allowable catches
(TACs) for bigeye tuna (BET) and
yellowfin tuna (YFT), and replace them
with an extension in the purse seine
closure period from 62 days to 72 days.
Additionally, to ensure that the time/
area closure, known as the corralito,
does not overlap with the extended
closure periods, the amendments also
shift the dates for the corralito closure.
This rule is necessary for the
conservation of tropical tuna stocks in
the EPO and for the United States to
satisfy its obligations as a member of the
IATTC.
DATES: This final rule is effective
September 29, 2017.
ADDRESSES: Copies of supporting
documents that were prepared for this
final rule, including the regulatory
SUMMARY:
PO 00000
Frm 00094
Fmt 4700
Sfmt 4700
impact review (RIR) are available via the
Federal e-Rulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2017–0024 or contact with the
Regional Administrator, Barry A. Thom,
NMFS West Coast Region, 1201 NE
Lloyd Blvd., Suite 1100, Portland, OR
97232–1274, or
RegionalAdministrator.WCRHMS@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Taylor Debevec, NMFS at 562–980–
4066.
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the
IATTC, which was established under
the 1949 Convention for the
Establishment of an Inter-American
Tropical Tuna Commission. In 2003, the
IATTC took the first step to dramatically
revise the 1949 Convention by adopting
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 (Antigua Convention), which did
not enter into force until 2010 when the
requite number of members agreed to
the revisions. After the Antigua
Convention had entered into force in
2010, the United States acceded to the
Antigua Convention on February 24,
2016. The full text of the Antigua
Convention is available at: https://
www.iattc.org/PDFFiles2/Antigua_
Convention_Jun_2003.pdf.
The IATTC consists of 21 member
nations and four cooperating nonmember nations and facilitates scientific
research into, as well as the
conservation and management of, tuna
and tuna-like species in the IATTC
Convention Area. The IATTC
Convention Area is defined as waters of
the EPO within the area bounded by the
west coast of the Americas and by 50°
N. latitude, 150° W. longitude, and 50°
S. latitude. The IATTC maintains a
scientific research and fishery
monitoring program and regularly
assesses the status of tuna, sharks, and
billfish stocks in the EPO to determine
appropriate catch limits and other
measures deemed necessary to promote
sustainable fisheries and prevent the
overexploitation of these stocks.
International Obligations of the United
States Under the Antigua Convention
As a Party to the Antigua Convention
and a member of the IATTC, the United
States is legally bound to implement
decisions of the IATTC. The Tuna
Conventions Act (16 U.S.C. 951 et seq.)
directs the Secretary of Commerce, in
consultation with the Secretary of State
E:\FR\FM\29SER1.SGM
29SER1
Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
asabaliauskas on DSKBBXCHB2PROD with RULES
and, with respect to enforcement
measures, the U.S. Coast Guard, to
promulgate such regulations as may be
necessary to carry out the United States’
obligations under the Antigua
Convention, including
recommendations and decisions
adopted by the IATTC. The authority of
the Secretary of Commerce to
promulgate such regulations has been
delegated to NMFS.
IATTC Resolution on Tropical Tuna
Conservation
The IATTC adopted Resolution C–17–
02 by consensus at its 92nd meeting in
July 2017. While the Resolution
contains management measures for
tropical tuna in the Convention Area for
2018–2020, it also contains amendments
to C–17–01, which is applicable in 2017
only. The measures for 2018–2020 will
be implemented in a different
rulemaking. In contrast, this rule
implements only the amendments to C–
17–01 because they are applicable
immediately and therefore need to be
expeditiously implemented.
The IATTC adopted Resolution C–17–
01 in February 2017. C–17–01 included
a provision not previously utilized in
recent IATTC resolutions: Convention
Area-wide TACs for yellowfin and
bigeye tuna caught by purse seine
vessels. As the 92nd Meeting of the
IATTC approached in July 2017, the
purse seine catch levels were monitored
by the IATTC staff, who notified the
IATTC that the TAC for class size 4 to
6 purse seine vessels fishing on floating
objects (97,711 metric tons) was near its
limit. Due to the negative impacts an
August closure would have on several
countries, the Commission formulated
an alternative solution that would
relieve those social-financial impacts to
industry while still protecting the stocks
from overfishing. The IATTC scientific
staff analyzed the conservation benefit
of various alternatives for 2017
management of tropical tunas and
recommended, as they had during
previous meetings, extending the 62-day
purse seine closure period.
Accordingly, the Commission agreed
to amend C–17–01 to eliminate the
TACs and extend the two closure period
options from 62 days to 72 days. Two
additional provisions of the amendment
include:
• Allowing vessels that harvest tunas
by encircling dolphins 1 to fish with that
method during the 10-day extension of
1 Some tuna fishing vessels in the Eastern
Tropical Pacific Ocean intentionally chase pods of
dolphin that are swimming along the ocean surface
and set their nets around the dolphins in order to
harvest the yellowfin tuna swimming beneath the
dolphins. This practice is lawful and regulated.
VerDate Sep<11>2014
16:55 Sep 28, 2017
Jkt 241001
the closure period (because the separate
TAC for that fishery was not close to
being reached at the time of agreement
to Resolution C–17–02), and
• shifting the dates of the time/area
closure known as the corralito so that it
does not overlap with the new dates of
the closure periods.
Most provisions of Resolution C–17–
01 remain unchanged by the
amendments, including: Full retention
of tropical tunas on purse seine vessels,
an opportunity to apply for exemption
to the purse seine closure periods due
to force majeure, and a country-specific
bigeye tuna catch limit for longline
vessels greater than 24 meters in length.
Final Regulations—Tuna Conservation
Measures for 2017
This final rule is implemented under
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.
This rule removes the two TACs for
yellowfin and bigeye tuna codified at 50
CFR 300.25(d): Class size 4 to 6 purse
seine vessels that fish on floating
objects—97,711 mt, and class size 6
vessels fishing in association (chasing
and encircling) with dolphins—162,182
mt. Under 50 CFR 300.25(e), the two
closure period options for class 4 to 6
purse seine vessels (each vessel must
choose only one by which it will abide)
are extended from 62 days to 72 days as
follows: July 29, 2017–October 8, 2017,
or November 9, 2017–January 19, 2018.
Purse seine vessels with a dolphin
mortality limit may fish during the 10
days that are being added to the
extended closure period they are
observing, provided the vessels are not
used to make sets on floating objects
during those 10 days. Those periods are
respectively September 29, 2017–
October 8, 2017, or November 9, 2017–
November 18, 2017. Lastly, the corralito
area remains unchanged, but the dates
of the closure are shifted to October 9,
2017–November 8, 2017.
Classification
The NMFS Assistant Administrator
has determined that this final rule is
consistent with the Tuna Conventions
Act of 1950 and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
There are no new collection-ofinformation requirements associated
with this action that are subject to the
Paperwork Reduction Act (PRA), and
the existing collection-of-information
requirements still apply under Control
Number 0648–0387. Notwithstanding
any other provision of the law, no
PO 00000
Frm 00095
Fmt 4700
Sfmt 4700
45515
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. All currently
approved NOAA collections of
information may be viewed at: https://
www.cio.noaa.gov/services_programs/
prasubs.html.
The Assistant Administrator for
Fisheries finds good cause, pursuant to
5 U.S.C. 553(b)(B), to waive advance
notice and comment. The decision by
the IATTC that is being implemented by
this rule was made on July 28, 2017.
NMFS has no discretion to change this
decision. This decision is binding under
international law, and failure to ensure
domestic implementation would render
the nation out of compliance with our
international treaty obligations, as well
as failing to adequately conserve and
manage target stocks of tropical tuna.
Therefore, providing advance notice and
consideration of public comments
before implementing this decision
would be impracticable because the first
closed period (described above) under
the existing regulations ends on
September 27, 2017, but under the
newly adopted international treaty
obligations, the United States must
ensure that vessels subject to that first
closed period are prevented from fishing
beginning on September 28 for an
additional 10 days. The public interest
dictates that the nation adheres to
international legal obligations and
continues to adequately conserve and
manage tropical tunas in the Pacific.
Therefore, it would be impracticable
and contrary to the public interest to
publish a proposed rule and provide
advance notice and comment before
implementing the revisions to IATTC
Resolution C–17–01.
The Assistant Administrator for
Fisheries also finds good cause,
pursuant to 5 U.S.C. 553(d)(3), to waive
the 30-day delay in effectiveness of the
rule. Since the binding IATTC
resolution makes these measures
effective immediately, and the extended
closure dates begin on September 28,
2017, this rule must be enforceable at
least by that date. As explained above,
this date is set in a binding resolution
and cannot be changed by NMFS.
Failure to implement the resolution by
this date would risk putting the United
States out of compliance with our
international Treaty obligations, as well
as failing to adequately conserve and
manage tropical tuna stocks in the
Pacific.
Ensuring conservation of tropical tuna
stocks in the EPO, and remaining in
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Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Rules and Regulations
compliance with binding international
obligations of the United States, by
expedient domestic implementation of
Resolution C–17–02 through issuing this
final rule now rather than risking
violation of our obligations or the health
of tuna stocks is in the public’s interest.
Therefore, there is good cause to waive
the otherwise applicable requirement
for a 30-day delay in effectiveness.
The Regulatory Flexibility Act (RFA),
5 U.S.C. 605(b), requires an RFA
analysis only for rules subject to notice
and comment rulemaking under Section
553(b) of the Administrative Procedure
Act or any other law. Because notice
and comment are not required for this
rule, as described above, no regulatory
flexibility analysis is required and none
has been prepared.
List of Subjects in 50 CFR Part 300
Fish, Fisheries, Fishing, Fishing
vessels, International organizations,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
Dated: September 26, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
asabaliauskas on DSKBBXCHB2PROD with RULES
For the reasons set out in the
preamble, 50 CFR part 300, subpart C is
amended as follows:
VerDate Sep<11>2014
16:55 Sep 28, 2017
Jkt 241001
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
1. The authority citation for 50 CFR
part 300, subpart C, continues to read as
follows:
■
Authority: 16 U.S.C. 951 et seq.
§ 300.24
[Amended]
2. In § 300.24, remove paragraph (ii).
■ 3. In § 300.25, remove and reserve
paragraph (d) and revise paragraphs
(e)(1), (e)(3), and (e)(6) to read as
follows:
■
§ 300.25
Fisheries management.
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*
*
*
(e) * * *
(1) Closure periods—(i) General rule.
A commercial purse seine fishing vessel
of the United States of class size 4–6
(more than 182 metric tons carrying
capacity) may not be used to fish with
purse seine gear in the Convention Area
for 72 days during one of the following
two closure periods:
(A) From 0000 hours Coordinated
Universal Time (UTC) July 29, 2017, to
2400 hours UTC October 8, 2017; or,
(B) From 0000 hours UTC November
9, 2017, to 2400 hours UTC January 19,
2018.
(ii) Vessels with DMLs.
Notwithstanding paragraph (e)(1)(i) of
this section, a purse seine vessel for
PO 00000
Frm 00096
Fmt 4700
Sfmt 9990
which a dolphin mortality limit has
been assigned may fish during 10 days
of the closure period the vessel selected,
if the vessel makes no floating object
sets during this period. The respective
10-day periods are:
(A) From 0000 hours UTC September
29, 2017, to 2400 hours UTC October 8,
2017; and,
(B) From 0000 hours UTC November
9, 2017, to 2400 hours UTC November
18, 2017.
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*
(3) If written notification is not
submitted per paragraph (e)(2) of this
section for a vessel subject to the
requirements under paragraph (e)(1)(i)
of this section, that vessel must adhere
to the closure period under paragraph
(e)(1)(i)(B) of this section.
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*
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*
*
(6) A fishing vessel of the United
States of class size 4–6 (more than 182
metric tons carrying capacity) may not
be used from 0000 hours on October 9
to 2400 hours on November 8 in 2017
to fish with purse seine gear within the
area bounded at the east and west by 96°
and 110° W. longitude and bounded at
the north and south by 4° N. and 3° S.
latitude.
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[FR Doc. 2017–20950 Filed 9–28–17; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\29SER1.SGM
29SER1
]]>Agencies
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45514-45516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20950]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 170815764-7877-01]
RIN 0648-BH12
International Fisheries; Pacific Tuna Fisheries; Revised 2017
Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act to
implement amendments to Resolution C-17-01 (Conservation of Tuna in the
Eastern Pacific Ocean During 2017) per Resolution C-17-02 (Conservation
Measures for Tropical Tunas in the Eastern Pacific Ocean During 2018-
2020 and Amendment to Resolution C-17-01) which was adopted by the
Inter-American Tropical Tuna Commission (IATTC or Commission) in July
2017. Applicable to the purse seine fleet fishing for tropical tunas
(bigeye, yellowfin, and skipjack tuna) in the eastern Pacific Ocean
(EPO) and only for the remainder of the 2017 calendar year, the
amendments to Resolution C-17-01 remove the total allowable catches
(TACs) for bigeye tuna (BET) and yellowfin tuna (YFT), and replace them
with an extension in the purse seine closure period from 62 days to 72
days. Additionally, to ensure that the time/area closure, known as the
corralito, does not overlap with the extended closure periods, the
amendments also shift the dates for the corralito closure. This rule is
necessary for the conservation of tropical tuna stocks in the EPO and
for the United States to satisfy its obligations as a member of the
IATTC.
DATES: This final rule is effective September 29, 2017.
ADDRESSES: Copies of supporting documents that were prepared for this
final rule, including the regulatory impact review (RIR) are available
via the Federal e-Rulemaking Portal: https://www.regulations.gov, docket
NOAA-NMFS-2017-0024 or contact with the Regional Administrator, Barry
A. Thom, NMFS West Coast Region, 1201 NE Lloyd Blvd., Suite 1100,
Portland, OR 97232-1274, or RegionalAdministrator.WCRHMS@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Taylor Debevec, NMFS at 562-980-4066.
SUPPLEMENTARY INFORMATION:
Background on the IATTC
The United States is a member of the IATTC, which was established
under the 1949 Convention for the Establishment of an Inter-American
Tropical Tuna Commission. In 2003, the IATTC took the first step to
dramatically revise the 1949 Convention by adopting 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
(Antigua Convention), which did not enter into force until 2010 when
the requite number of members agreed to the revisions. After the
Antigua Convention had entered into force in 2010, the United States
acceded to the Antigua Convention on February 24, 2016. The full text
of the Antigua Convention is available at: https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf.
The IATTC consists of 21 member nations and four cooperating non-
member nations and facilitates scientific research into, as well as the
conservation and management of, tuna and tuna-like species in the IATTC
Convention Area. The IATTC Convention Area is defined as waters of the
EPO within the area bounded by the west coast of the Americas and by
50[deg] N. latitude, 150[deg] W. longitude, and 50[deg] S. latitude.
The IATTC maintains a scientific research and fishery monitoring
program and regularly assesses the status of tuna, sharks, and billfish
stocks in the EPO to determine appropriate catch limits and other
measures deemed necessary to promote sustainable fisheries and prevent
the overexploitation of these stocks.
International Obligations of the United States Under the Antigua
Convention
As a Party to the Antigua Convention and a member of the IATTC, the
United States is legally bound to implement decisions of the IATTC. The
Tuna Conventions Act (16 U.S.C. 951 et seq.) directs the Secretary of
Commerce, in consultation with the Secretary of State
[[Page 45515]]
and, with respect to enforcement measures, the U.S. Coast Guard, to
promulgate such regulations as may be necessary to carry out the United
States' obligations under the Antigua Convention, including
recommendations and decisions adopted by the IATTC. The authority of
the Secretary of Commerce to promulgate such regulations has been
delegated to NMFS.
IATTC Resolution on Tropical Tuna Conservation
The IATTC adopted Resolution C-17-02 by consensus at its 92nd
meeting in July 2017. While the Resolution contains management measures
for tropical tuna in the Convention Area for 2018-2020, it also
contains amendments to C-17-01, which is applicable in 2017 only. The
measures for 2018-2020 will be implemented in a different rulemaking.
In contrast, this rule implements only the amendments to C-17-01
because they are applicable immediately and therefore need to be
expeditiously implemented.
The IATTC adopted Resolution C-17-01 in February 2017. C-17-01
included a provision not previously utilized in recent IATTC
resolutions: Convention Area-wide TACs for yellowfin and bigeye tuna
caught by purse seine vessels. As the 92nd Meeting of the IATTC
approached in July 2017, the purse seine catch levels were monitored by
the IATTC staff, who notified the IATTC that the TAC for class size 4
to 6 purse seine vessels fishing on floating objects (97,711 metric
tons) was near its limit. Due to the negative impacts an August closure
would have on several countries, the Commission formulated an
alternative solution that would relieve those social-financial impacts
to industry while still protecting the stocks from overfishing. The
IATTC scientific staff analyzed the conservation benefit of various
alternatives for 2017 management of tropical tunas and recommended, as
they had during previous meetings, extending the 62-day purse seine
closure period.
Accordingly, the Commission agreed to amend C-17-01 to eliminate
the TACs and extend the two closure period options from 62 days to 72
days. Two additional provisions of the amendment include:
Allowing vessels that harvest tunas by encircling dolphins
\1\ to fish with that method during the 10-day extension of the closure
period (because the separate TAC for that fishery was not close to
being reached at the time of agreement to Resolution C-17-02), and
---------------------------------------------------------------------------
\1\ Some tuna fishing vessels in the Eastern Tropical Pacific
Ocean intentionally chase pods of dolphin that are swimming along
the ocean surface and set their nets around the dolphins in order to
harvest the yellowfin tuna swimming beneath the dolphins. This
practice is lawful and regulated.
---------------------------------------------------------------------------
shifting the dates of the time/area closure known as the
corralito so that it does not overlap with the new dates of the closure
periods.
Most provisions of Resolution C-17-01 remain unchanged by the
amendments, including: Full retention of tropical tunas on purse seine
vessels, an opportunity to apply for exemption to the purse seine
closure periods due to force majeure, and a country-specific bigeye
tuna catch limit for longline vessels greater than 24 meters in length.
Final Regulations--Tuna Conservation Measures for 2017
This final rule is implemented under 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.
This rule removes the two TACs for yellowfin and bigeye tuna
codified at 50 CFR 300.25(d): Class size 4 to 6 purse seine vessels
that fish on floating objects--97,711 mt, and class size 6 vessels
fishing in association (chasing and encircling) with dolphins--162,182
mt. Under 50 CFR 300.25(e), the two closure period options for class 4
to 6 purse seine vessels (each vessel must choose only one by which it
will abide) are extended from 62 days to 72 days as follows: July 29,
2017-October 8, 2017, or November 9, 2017-January 19, 2018. Purse seine
vessels with a dolphin mortality limit may fish during the 10 days that
are being added to the extended closure period they are observing,
provided the vessels are not used to make sets on floating objects
during those 10 days. Those periods are respectively September 29,
2017-October 8, 2017, or November 9, 2017-November 18, 2017. Lastly,
the corralito area remains unchanged, but the dates of the closure are
shifted to October 9, 2017-November 8, 2017.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the Tuna Conventions Act of 1950 and other
applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
There are no new collection-of-information requirements associated
with this action that are subject to the Paperwork Reduction Act (PRA),
and the existing collection-of-information requirements still apply
under Control Number 0648-0387. 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. All currently approved NOAA collections of information may be
viewed at: https://www.cio.noaa.gov/services_programs/prasubs.html.
The Assistant Administrator for Fisheries finds good cause,
pursuant to 5 U.S.C. 553(b)(B), to waive advance notice and comment.
The decision by the IATTC that is being implemented by this rule was
made on July 28, 2017. NMFS has no discretion to change this decision.
This decision is binding under international law, and failure to ensure
domestic implementation would render the nation out of compliance with
our international treaty obligations, as well as failing to adequately
conserve and manage target stocks of tropical tuna. Therefore,
providing advance notice and consideration of public comments before
implementing this decision would be impracticable because the first
closed period (described above) under the existing regulations ends on
September 27, 2017, but under the newly adopted international treaty
obligations, the United States must ensure that vessels subject to that
first closed period are prevented from fishing beginning on September
28 for an additional 10 days. The public interest dictates that the
nation adheres to international legal obligations and continues to
adequately conserve and manage tropical tunas in the Pacific.
Therefore, it would be impracticable and contrary to the public
interest to publish a proposed rule and provide advance notice and
comment before implementing the revisions to IATTC Resolution C-17-01.
The Assistant Administrator for Fisheries also finds good cause,
pursuant to 5 U.S.C. 553(d)(3), to waive the 30-day delay in
effectiveness of the rule. Since the binding IATTC resolution makes
these measures effective immediately, and the extended closure dates
begin on September 28, 2017, this rule must be enforceable at least by
that date. As explained above, this date is set in a binding resolution
and cannot be changed by NMFS. Failure to implement the resolution by
this date would risk putting the United States out of compliance with
our international Treaty obligations, as well as failing to adequately
conserve and manage tropical tuna stocks in the Pacific.
Ensuring conservation of tropical tuna stocks in the EPO, and
remaining in
[[Page 45516]]
compliance with binding international obligations of the United States,
by expedient domestic implementation of Resolution C-17-02 through
issuing this final rule now rather than risking violation of our
obligations or the health of tuna stocks is in the public's interest.
Therefore, there is good cause to waive the otherwise applicable
requirement for a 30-day delay in effectiveness.
The Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), requires an
RFA analysis only for rules subject to notice and comment rulemaking
under Section 553(b) of the Administrative Procedure Act or any other
law. Because notice and comment are not required for this rule, as
described above, no regulatory flexibility analysis is required and
none has been prepared.
List of Subjects in 50 CFR Part 300
Fish, Fisheries, Fishing, Fishing vessels, International
organizations, Marine resources, Reporting and recordkeeping
requirements, Treaties.
Dated: September 26, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 300, subpart C
is amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
0
1. The authority citation for 50 CFR part 300, subpart C, continues to
read as follows:
Authority: 16 U.S.C. 951 et seq.
Sec. 300.24 [Amended]
0
2. In Sec. 300.24, remove paragraph (ii).
0
3. In Sec. 300.25, remove and reserve paragraph (d) and revise
paragraphs (e)(1), (e)(3), and (e)(6) to read as follows:
Sec. 300.25 Fisheries management.
* * * * *
(e) * * *
(1) Closure periods--(i) General rule. A commercial purse seine
fishing vessel of the United States of class size 4-6 (more than 182
metric tons carrying capacity) may not be used to fish with purse seine
gear in the Convention Area for 72 days during one of the following two
closure periods:
(A) From 0000 hours Coordinated Universal Time (UTC) July 29, 2017,
to 2400 hours UTC October 8, 2017; or,
(B) From 0000 hours UTC November 9, 2017, to 2400 hours UTC January
19, 2018.
(ii) Vessels with DMLs. Notwithstanding paragraph (e)(1)(i) of this
section, a purse seine vessel for which a dolphin mortality limit has
been assigned may fish during 10 days of the closure period the vessel
selected, if the vessel makes no floating object sets during this
period. The respective 10-day periods are:
(A) From 0000 hours UTC September 29, 2017, to 2400 hours UTC
October 8, 2017; and,
(B) From 0000 hours UTC November 9, 2017, to 2400 hours UTC
November 18, 2017.
* * * * *
(3) If written notification is not submitted per paragraph (e)(2)
of this section for a vessel subject to the requirements under
paragraph (e)(1)(i) of this section, that vessel must adhere to the
closure period under paragraph (e)(1)(i)(B) of this section.
* * * * *
(6) A fishing vessel of the United States of class size 4-6 (more
than 182 metric tons carrying capacity) may not be used from 0000 hours
on October 9 to 2400 hours on November 8 in 2017 to fish with purse
seine gear within the area bounded at the east and west by 96[deg] and
110[deg] W. longitude and bounded at the north and south by 4[deg] N.
and 3[deg] S. latitude.
* * * * *
[FR Doc. 2017-20950 Filed 9-28-17; 8:45 am]
BILLING CODE 3510-22-P
