International Fisheries; Pacific Tuna Fisheries; Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2018 to 2020, 15503-15511 [2018-07387]
Download as PDF
nshattuck on DSK9F9SC42PROD with RULES
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations
‘‘delinquent Federal tax liability,’’ and
‘‘tax check’’ are included within this
subpart. The definition of ‘‘authorized
representative(s) of the offeror’’ is the
person(s) identified to the IRS
contracting officer by the offeror as
authorized to represent the offeror in
disclosure matters pertaining to the
offer. The definition of ‘‘delinquent
Federal tax liability’’ is derived from
language within the FAR concerning
Federal tax delinquency and unpaid
Federal tax assessment (see FAR 9.104–
5). The definition of ‘‘tax check’’ is an
IRS process that accesses and uses
taxpayer return information, that is
available only to IRS, to support the
Government’s determination of an
offeror’s eligibility to receive an award,
including but not limited to
implementation of the statutory
prohibition of making an award to
corporations that have an unpaid
Federal tax liability (see FAR 9.104–
5(b)).
The interim rule added a provision to
be inserted in all IRS solicitations
regardless of dollar value, including
those for commercial items. The
provision will notify offerors that the
IRS will conduct a tax check because
the Department of the Treasury has
determined that an IRS contractor’s
compliance with the tax laws is a tax
administration matter, and that taxpayer
return information is needed for
determining an offeror’s eligibility to
receive an award, including but not
limited to implementation of the
statutory prohibition of making an
award to corporations that have a
unpaid Federal tax liability (see FAR
9.104–5(b)). The provision also contains
a consent to disclosure to be signed and
dated by a person authorized to act on
behalf of the offeror as defined in 26
CFR 301.6103(c)–1(e)(4). The consent to
disclosure authorizes the officers and
employees of the Department of the
Treasury, including the IRS, to disclose
the results of the tax check to the
person(s) authorized by the offeror via
the signed consent to disclosure.
Under the interim rule, this provision
applies to all IRS solicitations regardless
of the dollar value, including
commercial items (including
Commercially Available Off-the-Shelf
items). This determination is consistent
with the FAR requirements regarding
the inclusion of the provisions 52.209–
5, 52.209–11 and 52.212–3 as well as
various appropriation restrictions.
III. Summary of Public Comments and
This Final Rule
The comment period for the interim
rule closed on January 16, 2018.
Treasury received twenty-seven
VerDate Sep<11>2014
14:51 Apr 10, 2018
Jkt 244001
comments and twenty-six of those were
outside of the scope of the regulation.
The one comment within the scope
supported the rule. The commenter
noted that the rule will improve the
contracting system by making the award
process fairer and more efficient.
Accordingly, the interim rule is adopted
in this final rule without change.
IV. Regulatory Procedures
Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
Fmt 4700
Sfmt 4700
Government procurement.
For reasons set forth in the preamble,
the interim rule published on November
16, 2017 (FR Doc. 2017–24911) is
adopted as final without change.
Dated: March 6, 2018.
Iris B. Cooper,
Senior Procurement Executive.
[FR Doc. 2018–07458 Filed 4–10–18; 8:45 am]
BILLING CODE 4810–25–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 23
Convention on International Trade in
Endangered Species of Wild Fauna
and Flora (CITES)
CFR Correction
In Title 50 of the Code of Federal
Regulations, Parts 18 to 199, revised as
of October 1, 2017, on page 180, in
§ 23.24, Code ‘‘F’’ is reinstated for
Source of specimen ‘‘(d) Captive-bred
wildlife (§ 23.36):’’.
■
BILLING CODE 1301–00–D
The Regulatory Flexibility Act (5
U.S.C. chapter 6) generally requires
agencies to conduct an initial regulatory
flexibility analysis and a final regulatory
flexibility analysis of any rule subject to
notice and comment rulemaking
requirements, unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities.
It is hereby certified that this final
rule will not have a significant
economic impact on a substantial
number of small entities. In this final
rule, the Department is adopting an
interim rule without change. The
interim rule amended the DTAR to
establish an internal process that
strengthens IRS’ compliance with
appropriation act restrictions and the
FAR prohibition of entering into a
contract with contractors having a
delinquent Federal tax liability (see FAR
subpart 9.1) and should not have
significant economic impacts on small
entities other than the potential for not
receiving award if the small entity has
a delinquent Federal tax liability. This
rule does not impose any new reporting,
recordkeeping or other compliance
requirements. The rule does not
duplicate, overlap, or conflict with other
Federal rules.
Frm 00013
List of Subjects in 48 CFR Parts 1009
and 1052
[FR Doc. 2018–07529 Filed 4–10–18; 8:45 am]
Regulatory Flexibility Act
PO 00000
15503
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 170815763–8270–02]
RIN 0648–BH13
International Fisheries; Pacific Tuna
Fisheries; Fishing Restrictions for
Tropical Tuna in the Eastern Pacific
Ocean for 2018 to 2020
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 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 at the 92nd Meeting of the
Inter-American Tropical Tuna
Commission (IATTC) in July 2017. This
final rule implements the C–17–02
SUMMARY:
E:\FR\FM\11APR1.SGM
11APR1
15504
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations
nshattuck on DSK9F9SC42PROD with RULES
fishing management measures for
tropical tuna (i.e., bigeye tuna (Thunnus
obesus), yellowfin tuna (Thunnus
albacares), and skipjack tuna
(Katsuwonus pelamis)) in the eastern
Pacific Ocean (EPO). This final rule
imposes the following on purse seine
vessels with carrying capacity greater
than 182 metric tons (mt) fishing for
tropical tuna in the EPO: A 72-day EPOwide closure, a 31-day area closure, and
a requirement that—with some
exceptions—all tropical tuna be retained
and landed. In addition, this final rule
revises the restrictions for exemptions
due to force majeure, establishes a
bigeye tuna catch limit of 750 mt for
U.S. longline vessels greater than 24
meters in overall length, and regulates
the use and design of fish aggregating
devices. This final 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 rule is effective May 11,
2018, except for the amendments to 50
CFR 300.24(qq) and 300.28(e), which are
effective on January 1, 2019.
ADDRESSES: Copies of the
Environmental Assessment, revised
Regulatory Impact Review, and other
supporting documents are available via
the Federal eRulemaking Portal: https://
www.regulations.gov, docket NOAA–
NMFS–2017–0129, or by contacting the
Highly Migratory Species Branch Chief,
Heidi Taylor, 501 W. Ocean Blvd., Suite
4200, Long Beach, CA 90208,
RegionalAdministrator.WCRHMS@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Rachael Wadsworth, NMFS at 562–980–
4036.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2017, NMFS
published a proposed rule in the
Federal Register (82 FR 52700) to
implement provisions of Resolution C–
17–02 (Conservation Measures for
Tropical Tunas in the Eastern Pacific
Ocean During 2018–2020 and
Amendment to Resolution C–17–01)
adopted by the Inter-American Tropical
Tuna Commission (IATTC or
Commission) by consensus at its 92nd
meeting in July 2017, in Mexico City,
Mexico. The proposed rule contains
additional background information,
including information on the IATTC
and its Convention Area, 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 December 14, 2017.
VerDate Sep<11>2014
14:51 Apr 10, 2018
Jkt 244001
The final rule is implemented under
the Tuna Conventions Act (16 U.S.C.
951 et seq.). This final rule applies to
U.S. purse seine and longline vessels
greater than 24 meters (m) in overall
length fishing for tropical tunas in the
IATTC Convention Area from May 11,
2018. The IATTC Convention Area is
defined as waters of the eastern Pacific
Ocean (EPO) within the area bounded
by the west coast of the Americas and
by 50° N latitude, 150° W longitude, and
50° S latitude.
As specified under Resolution C–17–
02, the final rule continues to apply
three regulations for the U.S. fleet that
were in effect in 2017, revises several
regulations for both purse seine and
longline vessels, adds a description of
the process for transferring longline
bigeye tuna catch limits between
countries, and imposes new restrictions
on fish aggregating device (FAD)
deployment and removal, reporting, and
design standards. Because the preamble
of the proposed rule contained detailed
information on the maintained and
revised measures, this final rule will
briefly summarize these measures and
include more detail on the new
measures.
Regulations Continued From Previous
Years
The final rule continues to apply the
regulations effective in previous years,
including 2017, for purse seine vessels
of class sizes 4–6 (carrying capacity
greater than 182 metric tons (mt))
fishing for tropical tuna in the EPO.
This includes a 72-day EPO-wide
fishing closure period, a time/area
closure in the EPO for 31 days, and a
requirement that all tropical tuna be
retained on board and landed, except
fish considered unfit for human
consumption for reasons other than size.
The final rule continues to allow a
single exception on the final set of a
trip, when there may be insufficient
space remaining to accommodate all the
tuna caught in that set.
Regulations Continued From Previous
Years With Some Revisions
The final rule also increases the catch
limit from 500 mt to 750 mt for bigeye
tuna caught in the EPO by U.S. longline
vessels greater than 24 meters (m).
The final rule narrows the definition
of force majeure and adjusts the number
of days a purse seine vessel would need
to observe the 72-day closure period, if
granted a force majeure exemption, from
30 days to 40 days. The final rule allows
the reduced closure period to be
observed in the year the force majeure
event occurred, or if the vessel already
observed a 72-day closure period in the
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
year the event occurred, in the following
year. The final rule requires all size
class 4–6 purse seine vessels granted an
exemption due to force majeure to carry
an observer.
NMFS is also adding a procedural
requirement in the final rule to the
regulations governing exemptions due
to force majeure. Currently, the
regulations do not have a required
deadline for vessel owners or operators
to submit information to NMFS for force
majeure exemption requests. The final
rule requires U.S. vessel owners or
operators requesting an exemption due
to force majeure to send the request to
NMFS within 20 calendar days after the
vessel has been unable to proceed to sea
for the same amount of days as the
closure period (i.e., 72 days). Although
Resolution C–17–02 specifies that the
request must be sent to the IATTC
Secretariat ‘‘. . . at the latest one month
after it happens,’’ NMFS is requiring the
information to be sent to NMFS within
20 calendar days to allow for additional
time to review and process the request
before NMFS sends the information to
the IATTC Secretariat.
In addition, the final rule removes
two regulations that were in effect in
2017: (1) The exception for allowing a
purse seine vessel with a dolphin
mortality limit to fish for 10 days during
the closure period; and (2) the exception
that allowed purse seine vessels of class
size 4 (i.e., vessels with a carrying
capacity between 182 and 272 mt) to
make a single fishing trip of up to 30
days during the closure period,
provided that any such vessel carries an
observer.
New Regulations Beginning in 2018
Bigeye tuna longline transfers.
Resolution C–17–02 regulates, for the
first time, the practice of IATTC
members or cooperating non-members
(collectively known as CPCs)
transferring catch limits for bigeye tuna
in the EPO for longline vessels greater
than 24 m in overall length. The
previous IATTC resolutions on tropical
tuna did not address transfers of bigeye
tuna catch limit in the EPO. NMFS and
U.S. Department of State are responsible
for arranging any transfers of a bigeye
tuna catch limit for the United States
with another IATTC CPC. Currently, the
IATTC CPCs with which the United
States could conduct a transfer, per
paragraph 16 of Resolution C–17–02,
include China, Japan, South Korea, and
Chinese Taipei. In accordance with
paragraph 18 of Resolution C–17–02,
NMFS and U.S. Department of State will
ensure that the total catch limit
transferred either to or from the United
States does not exceed 30 percent of the
E:\FR\FM\11APR1.SGM
11APR1
nshattuck on DSK9F9SC42PROD with RULES
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations
catch limit designated to those IATTC
CPCs or the United States, respectively,
by the IATTC. In addition, these
transfers may not retroactively cover an
overage of a U.S. catch limit for bigeye
tuna. The United States may not
retransfer to a CPC any of the transferred
catch limit it receives from another CPC.
Per requirements of the Resolution,
NMFS will notify the IATTC of the
transfer 10 days in advance, either
separately or with the other CPC
transferring catch. The notification
would specify the tonnage to be
transferred and the year in which the
transfer would occur. NMFS will be
responsible for the management of the
transferred catch limit, including
monitoring and monthly reporting of
catch.
If the United States engages in a
transfer of a bigeye tuna catch limit with
another CPC, NMFS will publish a
notice in the Federal Register
announcing the new catch limit for
bigeye tuna in the EPO that is available
to U.S. longline vessels over 24 m in
overall length.
Restrictions on Active FADs. This
final rule defines the term ‘‘Active
FAD’’ as a FAD that is equipped with
gear capable of tracking location, such
as radio or satellite buoys. While the
regulatory text of the proposed rule
would not have prohibited the
continued deployment of FADs that are
not ‘‘active,’’ NMFS sought public
comment on the potential burden of
such a prohibition in order to facilitate
enforcement, monitoring, and reporting.
Subsequently, NMFS was informed by
industry that all FADs deployed by U.S.
purse seine vessels meet the criteria for
‘‘Active FADs.’’ Because the burden on
U.S. industry would appear to be
nonexistent under prevailing practice,
but the management value is
substantial, the final rule prohibits the
deployment of FADs that are not Active
FADs. Mere possession of non-Active
FADs on a vessel is allowed under the
regulations, but only Active FADs may
be deployed by U.S. vessels in the
IATTC Convention Area. Resolution C–
17–02 specifies that an Active FAD may
be activated only while it is onboard a
purse seine vessel. To implement this
provision, the final rule specifies that an
Active FAD will be considered active at
all times unless/until the tracking
equipment is removed and the vessel
owner or operator notifies NMFS Highly
VerDate Sep<11>2014
14:51 Apr 10, 2018
Jkt 244001
Migratory Species (HMS) Branch or the
IATTC that this FAD is no longer active
(i.e., deactivated). In accordance with
Resolution C–17–02, each purse seine
vessel on the IATTC Regional Vessel
Register that has a well volume of 1,200
m3 or more has a limit of 450 Active
FADs that can be active at any one time.
Reporting on Active FADs. U.S. vessel
owners and operators are required to
maintain daily information on all Active
FADs deployed in the water in the
IATTC Convention Area and report this
information monthly to the address
specified by NMFS HMS Branch. NMFS
will distribute guidance regarding the
reporting requirements to U.S. purse
seine vessel owners and operators prior
to the effective date of the final rule.
These reports must be submitted no
later than 90 days after the month
covered by the report. For example,
reports covering the month of January
2018 must be submitted on or before
May 1, 2018.
The final rule also requires that
reports on FAD interactions, which are
already required by regulations at 50
CFR 300.25(i), must be submitted within
30 days of each landing or
transshipment of tuna or tuna-like
species.
FAD deployment and removals. The
final rule specifies that U.S. vessel
owners, operators, and crew of purse
seine vessels of class sizes 4–6 must
ensure that FADs are not deployed
during a period of 15 days prior to the
start of the 72-day closure period
selected by the vessel per 50 CFR
300.25(e)(1). In addition, the regulations
specify that if a U.S. vessel owner,
operator, and crew of a purse seine
vessel of class size 6 chooses to set on
FADs during this 15 day period, they
must remove from the ocean a number
of FADs equal to the number of FADs
set upon by the vessel during this same
15 day period.
FAD designs to reduce entanglements.
As specified under IATTC Resolution
C–17–02, the FAD design requirements
that are intended to reduce
entanglements will become effective on
January 1, 2019, which is later than the
effective date for the rest of the rule.
Resolution C–17–02 includes broadly
worded restrictions on the use of
entangling material on FADs. In the
proposed rule, NMFS proposed two
options to meet the Resolution
restrictions by following guidance
developed by the International Seafood
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
15505
Sustainability Foundation (ISSF) Guide
for Non-Entangling FADs (ISSF Guide)
(available at: https://iss-foundation.org/
knowledge-tools/guides-best-practices/
non-entangling-fads/download-info/issfguide-for-non-entangling-fads/). The
two options proposed were: (1) The
‘‘Lower Entanglement Risk FADs’’ (e.g.,
only small mesh netting (i.e., 7 cm/2.5
in or less stretched mesh) and must be
tightly tied into bundles (‘‘sausages’’), or
formed into a panel that is weighted so
as to keep it taut); or (2) ‘‘NonEntangling FADs’’ (e.g., no mesh netting
in FAD) as described in the ISSF Guide.
NMFS proposed these options to
establish clear standards for FAD
designs that meet the requirements of
Resolution C–17–02. In addition, NMFS
solicited information from the public on
additional materials or configurations
that have been demonstrated to reduce
or avoid entanglements when used in
FAD construction, but did not receive
any new suggestions on FAD material or
design.
NMFS received a comment from the
American Tunaboat Association (ATA),
which represents large U.S. purse seine
vessels that fish in the EPO, on the
proposed regulations for FAD design.
The ATA objected to these proposed
regulations because the restrictions
would go beyond the explicit
requirements of Resolution C–17–02
and thereby create an unfair playing
field for the U.S. fleet compared to the
fleets of other IATTC CPCs. In
consideration of ATA’s comment,
NMFS is modifying the proposed
regulations in this final rule.
This final rule prohibits only two
FAD design features that are suggested
by ISSF to have the highest risk of
entangling marine life. Based on ISSF
guidance, FADs with the highest risk of
entanglement use large mesh netting,
such as 4.25 to 8 inch stretched mesh,
that hang freely beneath the FAD
(Figure 1). At this time, NMFS is not
limiting the size of the net mesh used
in the FAD design, but under the final
rule, any netting used in the subsurface
structure of the FAD must be tightly tied
into bundles (‘‘sausages’’). In addition, if
the FAD design includes a covered raft
(e.g., flat raft or rolls of material) and if
mesh netting is used for the cover, the
mesh netting must be tightly wrapped
around the entire raft such that no loose
netting hangs below the FAD.
E:\FR\FM\11APR1.SGM
11APR1
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations
NMFS believes that these
requirements will effectively prohibit
FAD designs that are most dangerous for
bycatch species, such as sharks.
Furthermore, the requirements are
sufficiently specific to be enforceable.
NMFS believes that these restrictions
also will allow U.S. industry to operate
on an equal playing field relative to our
IATTC partners. NMFS recognizes that
any netting used in a FAD may become
loose over time, yet in order to achieve
the intent of the Resolution, the netting
must remain secure and tight whenever
deployed. Therefore, NMFS reminds the
fleet that in order to comply with these
regulations, the purse seine operators
must remain vigilant in maintaining and
securing all mesh net used in FADs.
NMFS has opted to establish
standards that are more specific than the
Resolution to aid with compliance and
enforcement, and further the intent of
the Resolution that member nations
should design and deploy FADs ‘‘to
avoid entangling marine life.’’ NMFS
recognizes that the IATTC is expected to
conduct more work to define nonentangling FADs and to develop specific
guidance on materials and designs for
FADs. NMFS intends to work with the
VerDate Sep<11>2014
14:51 Apr 10, 2018
Jkt 244001
IATTC FAD Working Group and the
Commission to clarify non-entangling
FAD requirements to ensure consistency
between IATTC CPCs. NMFS will
update these regulations, as appropriate,
when guidance is adopted by the
IATTC.
Public Comments and Responses
NMFS received six comments during
the 30-day public comment period that
closed on December 14, 2017, and one
comment after the comment period
closed. Two comments were
anonymous, two were from members of
the public, and the remaining were from
representatives of the Hawaii Longline
Association (HLA), the Marine Mammal
Commission (MMC), and the ATA.
Three commenters supported the
regulations as proposed, and one
opposed the proposed rule because the
regulations proposed to increase the
longline catch limit for bigeye tuna. One
of the anonymous commenters did not
comment on the proposed regulations
directly, but expressed views on global
warming, and although this topic is not
entirely outside the general subject
matter of fisheries management, it does
not warrant a response. The other
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
comments are detailed below with
responses from NMFS.
Comment 1: The commenter
expressed support for the proposed
regulations and supported the use of
tracking gear for researchers to monitor
catch levels and closure areas. The
commenter recommended this data be
available to the public for assistance in
monitoring vessels that break the rules.
Response: NMFS thanks the
commenter for their support for the
proposed regulations. In response to the
commenter’s request that vessels be
tracked with the aim to aid in
enforcement, NMFS notes that the
IATTC requires the installation of a
vessel monitoring system (VMS) unit for
large tuna fishing vessels greater than 24
m in overall length fishing in the EPO
(see 50 CFR 300.26). This information is
used to aid in U.S. enforcement with
fisheries regulations such as closure
areas. The VMS information data for
these vessels is sent to NMFS Office of
Law Enforcement and U.S. Coast Guard
and is used strictly for enforcement
purposes; however, this information
may not be released publically under
the Trade Secrets Act because it is
commercially confidential.
E:\FR\FM\11APR1.SGM
11APR1
ER11AP18.000
nshattuck on DSK9F9SC42PROD with RULES
15506
nshattuck on DSK9F9SC42PROD with RULES
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations
Comment 2: The commenter
supported implementing the proposed
regulations and noted that the United
States should be a role model for other
nations and should continue to ensure
overfishing does not occur. The
commenter also supported the
management measures on FADs and
expressed the view that FADs should be
banned in all countries throughout the
year. The commenter noted that FAD
fishing is inefficient and not worth the
cost of all the marine life killed as
bycatch in FADs.
Response: NMFS thanks the
commenter for their support of the
proposed regulations, and for
highlighting the obligation of the United
States to domestically implement
measures adopted by the IATTC. In
response to the commenter’s
recommendation that FADs be banned,
this goes beyond the scope of this rule,
which implements a specific resolution
adopted by the IATTC. However,
recommendations on new FAD
management measures can be
considered by the U.S. delegation when
formulating U.S. positions during
IATTC deliberations.
In response to the commenter’s view
that FADs are inefficient and contribute
to wasteful bycatch, NMFS agrees that
bycatch should continue to be mitigated
through management measures. This
final rule implements new restrictions
on FADs, including requirements for
designs that are intended to reduce the
entanglement of bycatch species, such
as sharks. NMFS intends to continue
working with the IATTC Bycatch
Working Group and the Commission to
reduce bycatch in tuna fisheries in the
EPO.
Comment 3: The commenter opposed
these proposed regulations because it
would increase the bigeye tuna catch
limit for U.S. longline vessels greater
than 24 m in overall length in the EPO.
The commenter also expressed the view
that the FAD regulations are not
restrictive enough and should require
biodegradable materials be used on
FADs. In addition, the commenter
recommended that catch levels for tunas
should be decreased in the EPO and
referenced papers on FADs and
overfishing for tuna.
Response: NMFS thanks the
commenter for their views on the
proposed regulations. In response to the
commenter’s opposition to an increase
in the U.S. bigeye tuna catch limit, the
IATTC’s goal is to manage stocks to
levels that produce maximum
sustainable yield (MSY) under the
Antigua Convention. Because the stock
assessment for bigeye tuna in the EPO
conducted by the IATTC scientific staff
VerDate Sep<11>2014
14:51 Apr 10, 2018
Jkt 244001
in 2017 did not show the stock biomass
to be below MSY or fishing levels to be
above MSY, the IATTC approved this
small increase for the United States. As
explained in the Classification section
of the proposed rule, the increase in
U.S. catch limit of 250 mt represents a
0.45 percent increase of the total
international catch limit in the EPO.
The IATTC staff estimated that this
increase represents less than a 1 percent
increase in fishing mortality for the EPO
stock of bigeye tuna.
In response to the recommendation
for biodegradable FADs, NMFS agrees
that biodegradable materials are useful
to reduce marine debris. Although the
IATTC has not adopted binding measure
on biodegradable FADs, Annex II of
IATTC Resolution C–16–01 urges the
promotion of biodegradable FADs as a
voluntary measure, and NMFS expects
this issue to be discussed more in the
IATTC FAD Working Group, as well as
by the Commission.
Comment 4: HLA expressed support
for the increase in the bigeye tuna
longline catch limit from 500 to 750 mt
and also for the proposed regulation to
allow a transfer of bigeye tuna catch. In
addition, HLA requested that NMFS
ensure any transferred catch limit of
bigeye tuna be expedited by prompt
notice in the Federal Register to avoid
delays that have occurred in the western
Pacific Ocean when increases in catch
limits have taken place.
Response: NMFS thanks HLA for its
views on these regulations. If any catch
limit is transferred to the United States
from another CPC, NMFS will make
every effort to promptly publish this
notice in the Federal Register.
Comment 5: The ATA commented
that the proposed requirements for
‘‘Lower Entanglement Risk FADs’’ and
‘‘Non-Entangling FADs’’ go beyond the
requirements in Resolution C–17–02
and promote an unequal playing field
that would disadvantage the U.S. purse
seine fleet.
Response: NMFS thanks ATA for its
perspective on the proposed regulations
on ‘‘Lower Entanglement Risk FADs’’
and ‘‘Non-Entangling FADs.’’ In
response to this comment, NMFS
concluded that the proposed regulations
were within the overall mandate of the
Resolution to minimize entanglement
and fell within the discretion of the
Secretary to devise and promulgate an
enforceable interpretation of a binding
IATTC Resolution. However, NMFS
agrees with the ATA that the specific
material and gear requirements for nonentangling FADs need to be further
clarified by the IATTC to ensure
consistency. Therefore, NMFS has taken
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
15507
into consideration ATA’s comments in
this final rule.
In the final rule, the proposal has
been modified in a way that is still
specific and aids with compliance and
enforcement. The rule prohibits only
design features that are shown by ISSF
to have the highest risk of entangling
marine life. Based on ISSF guidance,
FADs with the highest risk of
entanglement use large mesh netting
that hangs freely beneath the FAD.
Under these regulations, this design is
prohibited and if any mesh netting is
used in the subsurface part of the FAD
it must be tightly rolled into ‘‘sausages.’’
This option was chosen because the
standard can be understood by the
regulated community and is
enforceable, while at the same time not
being overly restrictive compared to
other IATTC CPCs.
Although the text in Resolution C–17–
02 is broad, many countries seem to be
using FAD materials and designs that
are consistent with the ‘‘Lower
Entanglement Risk FADs’’ and ‘‘NonEntangling FADs’’ as described by ISSF.
According to information collected by
ISSF, the U.S. purse seine fleet uses the
highest risk of entangling materials on
FADs and the majority of the other
IATTC members surveyed by ISSF used
a combination of the ‘‘Lower
Entanglement Risk FADs’’ and ‘‘NonEntangling FADs.’’ 1
Given that the FAD design provisions
of the Resolution must be implemented
no later than January 1, 2019, NMFS
intends to keep working with the IATTC
FAD Working Group and the
Commission to clarify non-entangling
FAD requirements to ensure consistency
between IATTC CPCs. NMFS will
update these regulations, as appropriate,
when guidance is adopted by the
IATTC.
Comment 6: The Marine Mammal
Commission (MMC) supported the
proposed regulations on FADs and, in
particular, on non-entangling FADs. The
MMC noted the large whale
entanglements in FADs in other oceans,
and stated that the design and
management of FADs can have a
considerable impact on various marine
species, including marine mammals.
In addition, the MMC recommended
that the U.S. delegation to the IATTC
continue to press for sufficient observer
coverage and vessel reporting
requirements for all IATTC CPCs to
provide reliable data on the impact of
1 ISSF 2017: Available online at: https://issfoundation.org/download-monitor-demo/downloadinfo/issf-2017-07-towards-global-non-entanglingfish-aggregating-device-fad-use-in-tropical-tunapurse-seine-fisheries-through-a-participatoryapproach/.
E:\FR\FM\11APR1.SGM
11APR1
15508
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations
nshattuck on DSK9F9SC42PROD with RULES
FADs and related purse seine fishing
operations on cetaceans. Given the
evidence that large whales interact with
both FADs and the tuna purse seine
fisheries that deploy and set on FADS,
the MMC believes that designing FADs
that are less likely to entangle large
fauna is an important effort that should
be supported.
Response: NMFS thanks the MMC for
its view on these proposed regulations
and for highlighting the concern that
FADs have the potential to entangle
whales. NMFS notes that the IATTC
requires 100 percent observer coverage
on large purse seine vessels that fish
with FADs. The observers onboard these
purse seine vessels have reported
interactions with whales and FADs.
However, NMFS is not aware of
discussions regarding interactions
between whales and FADs within the
IATTC. The IATTC and Agreement on
the International Dolphin Conservation
Program do not require observers on
purse seine vessels with a carrying
capacity of less than 363 mt; however,
there are two situations where an
observer is required on these vessels: (1)
If the vessel of class sizes 1 to 5 (less
than 363 mt in carrying capacity) has
committed an infraction by setting on
dolphins, or (2) if a purse seine vessel
of class sizes 4–6 (more than 182 mt but
less than 363 mt in carrying capacity)
has been granted an exemption due to
force majeure and wishes to fish during
the closure period. The IATTC and
Scientific Advisory Committee have
discussed the need for observers on
smaller vessels, including options for
electronic monitoring, and the U.S.
delegation has supported these
recommendations.
In response to the request for NMFS
to implement the Resolution
requirement for non-entangling FADs,
as explained in the preamble, NMFS
will implement elements of the
proposed regulations that are
considered the highest risk for
entanglement. NMFS recognizes the text
in Resolution C–17–02 and C–16–01
needs to be clarified by the IATTC and
NMFS intends to work on this issue
within the IATTC.
Changes From the Proposed Rule
NMFS is changing the regulatory text
in the final rule from the proposed rule
that relate to Active FADs, material and
designs to reduce entanglements on
FADs, and the process for exemptions
due to force majeure.
As explained in the preamble, NMFS
is adding a prohibition against
deploying non-Active FADs in the EPO.
NMFS solicited input from the public
on this particular issue and, through
VerDate Sep<11>2014
14:51 Apr 10, 2018
Jkt 244001
discussion with industry, learned that
the U.S. already deploys only Active
FADs. In addition, the final regulation
limits the daily reporting requirement
for Active FADs only to FADs that are
deployed in the water.
For reasons explained in the preamble
above and in response to public
comment, NMFS is modifying the
proposed regulations on ‘‘Lower
Entanglement Risk FADs’’ and ‘‘NonEntangling FADs.’’ NMFS is revising the
proposed regulations on the FAD
material and design to require any mesh
netting used in the subsurface structure
of the FAD to be rolled. If mesh netting
is used for the cover of the FAD raft, the
mesh netting shall be tightly wrapped
around the entire raft such that no loose
netting hangs below the FAD when
deployed.
NMFS is adding a procedural
requirement to the regulations
governing exemptions due to force
majeure to be consistent with
Resolution C–17–02, which requires
that any request be sent to the IATTC
‘‘at the latest’’ 1 month after the force
majeure event. NMFS is requiring the
information to be sent to NMFS within
20 calendar days after the vessel has
been unable to proceed to sea for 72
days because of a force majeure event to
allow for additional time to review and
process the request before NMFS sends
the information to the Secretariat.
NMFS is adding this requirement to
ensure that any force majeure request
submitted by U.S. purse seine vessel
owners and operators are not
disqualified by the IATTC Secretariat
for issues related to timing of the
request. The IATTC has final control
over whether force majeure requests are
accepted, and NMFS is adding the 20day deadline to better ensure we are
able to submit the requests to IATTC in
a timely manner.
NMFS is removing the reference to
carrying capacity in metric tons in 50
CFR 300.28(c) to be consistent with
Resolution C–17–02 and to eliminate
possible confusion with conversions
between metric tons and cubic meters.
In addition, NMFS is making various
non-substantive revisions to the
regulatory text for clarity or ease of
reading.
Classification
After consultation with the
Departments of State and Homeland
Security, the NMFS Assistant
Administrator has determined that this
final rule is consistent with the Tuna
Conventions Act of 1950, as amended,
and other applicable laws, subject to
further consideration after public
comment.
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
This rule contains a collection-ofinformation requirement subject to the
Paperwork Reduction Act (PRA) and
which has been approved by OMB
Control Number 0648–0148. NMFS
amended the supporting statement for
the West Coast Region Pacific Tuna
Fisheries Logbook and Fish Aggregating
Device Form, Office of Management and
Business (OMB) PRA requirements
(OMB Control No. 0648–0148) to
include the data collection requirements
for FADs as described in the preamble.
NMFS estimates that the public
reporting burden for this collection of
information will average 3 minutes per
form, including time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Send comments regarding this burden
estimate, or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by email to OIRA_
Submission@omb.eop.gov, or fax to
(202) 395–5806.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
All currently approved NOAA
collections of information may be
viewed at: https://www.cio.noaa.gov/
services_programs/prasubs.html.
Pursuant to the Regulatory Flexibility
Act, 5 U.S.C. 605(b), the Chief Counsel
for Regulation of the Department of
Commerce certified to the Chief Counsel
for Advocacy of the Small Business
Administration during the proposed
rule stage that this action would not
have a significant economic impact on
a substantial number of small entities.
Further details on the factual basis for
the certification were published in the
proposed rule (November 14, 2017, 82
FR 52700) and are not repeated here. No
comments were received regarding the
certification, and none of the changes
from the proposed to the final rule will
increase costs to the affected public.
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.
E:\FR\FM\11APR1.SGM
11APR1
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations
The Assistant Administrator for
Fisheries has determined that good
cause exists under 5 U.S.C. 553(b)(B), to
waive the requirement for providing
advance notice and comment for
requiring force majeure requests to be
sent to NMFS within 20 calendar days
to allow for additional time to review
and process the request before NMFS
sends the information to the IATTC
Secretariat. If this regulation were
delayed pending publication of a
proposed rule and consideration of
additional public comments, no time
limits would be in place and therefore
U.S. purse seine vessels might be
disqualified by the IATTC Secretariat
for issues related to the timing of the
request. Additionally, this is a relatively
minor procedural requirement that
imposes a minimal regulatory burden.
List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
Dated: April 5, 2018.
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
Subpart C—Eastern Pacific Tuna
Fisheries
1. The authority citation for 50 CFR
part 300, subpart C, continues to read as
follows:
■
Authority: 16 U.S.C. 951 et seq.
2. In § 300.21, add a definition, in
alphabetical order, for ‘‘Active FAD’’
and revise the definition for ‘‘Force
majeure’’ to read as follows:
■
§ 300.21
Definitions.
nshattuck on DSK9F9SC42PROD with RULES
*
*
*
*
*
Active FAD means a FAD that is
equipped with gear capable of tracking
location, such as radio or satellite
buoys. A FAD with this equipment
attached shall be considered an Active
FAD unless/until the equipment is
removed and the vessel owner or
operator notifies the IATTC or HMS
Branch that the FAD is no longer active
(i.e., deactivated).
*
*
*
*
*
Force majeure means, for the purpose
of § 300.25, a situation in which a vessel
at sea, except while transiting between
ports on a trip during which no fishing
VerDate Sep<11>2014
14:51 Apr 10, 2018
Jkt 244001
operations occur, is disabled by
mechanical and/or structural failure,
fire or explosion.
*
*
*
*
*
■ 3. In § 300.22, the section heading and
the heading for paragraph (a) are
revised, add a heading for paragraph
(a)(1), and paragraph (a)(3) is added to
read as follows:
§ 300.22 Recordkeeping and reporting
requirements.
(a) Logbooks and reporting on whale
sharks and FADs—(1) Logbook
reporting.* * *
(3) FAD data reporting for purse seine
vessels—(i) Reporting on FAD
interactions. U.S. vessel owners and
operators must ensure that any
interaction or activity with a FAD is
reported using a standard format
provided by the HMS Branch. The
owner and operator shall ensure that the
form is submitted within 30 days of
each landing or transshipment of tuna
or tuna-like species to the address
specified by the HMS Branch.
(ii) Reporting on Active FADs. U.S.
vessel owners and operators must
record or maintain daily information on
all Active FADs that have been
deployed in the water in the IATTC
Convention Area in the format and to
the address provided by the HMS
Branch. This information must be
submitted for each calendar month no
later than 90 days after the month
covered by the report.
*
*
*
*
*
■ 4. In § 300.24, revise paragraphs (m),
(n), (ee), and (ff) and add paragraphs
(kk) through (qq) to read as follows:
§ 300.24
Prohibitions.
*
*
*
*
*
(m) Fail to stow gear as required in
§ 300.25(a)(4)(iv) or (e)(6).
(n) Use a fishing vessel of class size
4–6 to fish with purse seine gear in the
Convention Area in contravention of
§ 300.25(e)(1), (2), or (5).
*
*
*
*
*
(ee) Fail to ensure characters of a
unique code are marked indelibly on a
FAD deployed or modified on or after
January 1, 2017, in accordance with
§ 300.28(a)(2).
(ff) Fail to record or report data on
FADs as required in § 300.22(a)(3).
*
*
*
*
*
(kk) Activate the transmission
equipment attached to a FAD in a
location other than on a purse seine
vessel at sea as required in § 300.28(b).
(ll) Fail to turn on the tracking
equipment for an Active FAD before
deploying at sea as required in
§ 300.28(b).
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
15509
(mm) Deploy a FAD in the IATTC
Convention Area that is not an Active
FAD.
(nn) Have more Active FADs than
specified in § 300.28(c) in the IATTC
Convention Area at any one time.
(oo) Deploy a FAD in the IATTC
Convention Area during a period of 15
days prior to the start of the selected
closure period in contravention of
§ 300.28(d)(1).
(pp) Fail to timely remove from the
water a number of FADs in the IATTC
Convention Area equal to the number of
FADs set upon by the vessel during the
15 days prior to the start of the selected
closure period as required in
§ 300.28(d)(2).
(qq) Deploy, or have onboard a vessel,
a FAD in the IATTC Convention Area
that fails to comply with the FAD design
requirements in § 300.28(e).
■ 5. Amend § 300.25 by:
■ a. Revising paragraphs (a)(1) and (2);
■ b. Adding paragraph (a)(5);
■ c. Revising paragraphs (e)(1) through
(3), (e)(4) introductory text, and
(e)(4)(ii);
■ d. Adding paragraphs (e)(4)(iii) and
(iv);
■ e. Revising paragraphs (e)(5) and (6);
and
■ f. Removing paragraphs (e)(7), (h), and
(i).
The addition and revisions read as
follows:
§ 300.25
Fisheries management.
(a) * * *
(1) Fishing seasons for all tuna species
begin on 0000 hours Coordinated
Universal Time (UTC) January 1 and
end either on 2400 hours UTC
December 31 or when NMFS closes the
fishery for a specific species.
(2) For the calendar years 2018, 2019,
2020, there is a limit of 750 metric tons
of bigeye tuna that may be caught by
longline gear in the Convention Area by
U.S. commercial fishing vessels that are
over 24 meters in overall length. The
catch limit within a calendar year is
subject to increase if the United States
receives a transfer of catch limit from
another IATTC member or cooperating
non-member, per paragraph (a)(5) of this
section.
*
*
*
*
*
(5) If the United States engages in a
transfer of a bigeye tuna catch limit with
another IATTC member or cooperating
non-member, NMFS will publish a
notice in the Federal Register
announcing the new catch limit that is
available to U.S. commercial fishing
vessels that are over 24 meters in overall
length. All restrictions described in
E:\FR\FM\11APR1.SGM
11APR1
nshattuck on DSK9F9SC42PROD with RULES
15510
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations
paragraphs (a)(1) and (3) through (4) of
this section will continue to apply.
*
*
*
*
*
(e) Purse seine closures. (1) 72-day
closure. A commercial purse seine
fishing vessel of the United States that
is 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 in each
of the years 2018, 2019, and 2020 during
one of the following two periods:
(i) From 0000 hours Coordinated
Universal Time (UTC) July 29, to 2400
hours UTC October 8, or
(ii) From 0000 hours UTC November
9 to 2400 hours UTC January 19 of the
following year.
(2) Choice of closure period. A vessel
owner, manager, or association
representative of a vessel that is subject
to the requirements of paragraph (e)(1)
of this section must provide written
notification to the Regional
Administrator declaring to which one of
the two closure periods identified in
paragraph (e)(1) of this section his or her
vessel will adhere in that year. This
written notification must be submitted
by fax at (562) 980–4047 or email at
RegionalAdministrator.WCRHMS@
noaa.gov and must be received no later
than July 1 prior to the first closure
period within a calendar year. The
written notification must include the
vessel name and registration number,
the closure dates that will be adhered to
by that vessel, and the vessel owner or
managing owner’s name, signature,
business address, and business
telephone number.
(3) Default closure period. If written
notification is not submitted per
paragraph (e)(2) of this section for a
vessel subject to the requirements under
paragraph (e)(1) of this section, that
vessel must adhere to the second
closure period under paragraph (e)(1)(ii)
of this section.
(4) Request for exemption due to force
majeure. A request for exemption due to
force majeure must be made to the
Sustainable Fisheries Division within 20
calendar days after the vessel has been
unable to proceed to sea for 72 days by
fax at (562) 980–4047 or emailed to
RegionalAdministrator.WCRHMS@
noaa.gov. The request must include the
name and official number of the vessel,
vessel owner or manager’s name and
signature, and evidence to support the
request, which may include but is not
limited to photographs, repair bills,
certificates of departure from port, and
in the case of a marine casualty, a
completed copy of the U.S. Coast Guard
Form CG–2692A (See 46 CFR 4.05–10).
*
*
*
*
*
VerDate Sep<11>2014
14:51 Apr 10, 2018
Jkt 244001
(ii) If the request for an exemption
due to force majeure is accepted by the
IATTC, the vessel must observe a
closure period of 40 consecutive days in
the same year during which the force
majeure event occurred, in one of the
two closure periods described in
paragraph (e)(1) of this section.
(iii) If the request for an exemption
due to force majeure is accepted by the
IATTC and the vessel has already
observed a closure period described in
paragraph (e)(1) of this section in the
same year during which the force
majeure event occurred, the vessel must
observe a closure period of 40
consecutive days the following year the
force majeure event occurred, in one of
the two closure periods described in
paragraph (e)(1) of this section.
(iv) Any purse seine vessel, for which
a force majeure request is accepted by
the IATTC, must carry an observer
aboard authorized pursuant to the
International Agreement on the
International Dolphin Conservation
Program.
(5) 31-day area closure. 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 2018, 2019, and 2020 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.
(6) Requirement to stow gear. At all
times while a vessel is in a time/area
closed period established under
paragraphs (e)(1) or (5) of this section,
unless fishing under the exception
under paragraph (e)(4) of this section,
the fishing gear of the vessel must be
stowed in a manner as not to be readily
available for fishing. In particular, the
boom must be lowered as far as possible
so that the vessel cannot be used for
fishing, but so that the skiff is accessible
for use in emergency situations; the
helicopter, if any, must be tied down;
and launches must be secured.
*
*
*
*
*
■ 6. Add § 300.28 to subpart C to read
as follows:
§ 300.28
FAD restrictions.
(a) FAD identification requirements
for purse seine vessels. (1) For each FAD
deployed or modified on or after
January 1, 2017, in the IATTC
Convention Area, the vessel owner or
operator must either: obtain a unique
code from HMS Branch; or use an
existing unique identifier associated
with the FAD (e.g., the manufacturer
identification code for the attached
buoy).
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
(2) U.S. purse seine vessel owners and
operators shall ensure the characters of
the unique code or unique identifier be
marked indelibly at least five
centimeters in height on the upper
portion of the attached radio or satellite
buoy in a location that does not cover
the solar cells used to power the
equipment. For FADs without attached
radio or satellite buoys, the characters
shall be on the uppermost or emergent
top portion of the FAD. The vessel
owner or operator shall ensure the
marking is visible at all times during
daylight. In circumstances where the
on-board observer is unable to view the
code, the captain or crew shall assist the
observer (e.g., by providing the FAD
identification code to the observer).
(b) Activating FADs for purse seine
vessels. A vessel owner, operator, or
crew shall deploy an Active FAD only
while at sea and the tracking equipment
must be turned on while the FAD is
onboard the vessel and before being
deployed in the water.
(c) Restrictions on Active FADs for
purse seine vessels. U.S. vessel owners
and operators of purse-seine vessels
with the following well volume (m3)
must not have more than the following
number of Active FADs per vessel in the
IATTC Convention Area at any one
time:
Well volume
(m3)
1,200 or more .......................
426–1,199 .............................
213–425 ................................
0–212 ....................................
Active FAD
limit
450
300
120
70
(d) Restrictions on FAD deployments
and removals. (1) U.S. vessel owners,
operators, and crew of purse seine
vessels of class size 4–6 (more than 182
metric tons carrying capacity) must not
deploy a FAD during a period of 15 days
prior to the start of the selected closure
period described in § 300.25(e)(1).
(2) During the 15 days prior to the
start of the closure period selected by
the vessel per § 300.25(e)(1), U.S. vessel
owners, operators, and crew of purse
seine vessels of class size 6 (greater than
363 metric tons carrying capacity) must
remove from the water a number of
FADs equal to the number of FADs set
upon by the vessel during that same 15
day period.
(e) FAD design requirements to reduce
entanglements. No later than January 1,
2019, all FADs onboard or deployed by
U.S. vessel owners, operators, or crew,
must comply with the following design
requirements:
(1) Raft. If the FAD design includes a
covered raft (e.g., flat raft or rolls of
material) and if mesh netting is used for
E:\FR\FM\11APR1.SGM
11APR1
Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Rules and Regulations
the cover, the mesh netting shall be
tightly wrapped around the entire raft
such that no loose netting hangs below
the FAD when deployed.
(2) Subsurface. Any netting used in
the subsurface structure of the FAD
must be tightly tied into bundles
(‘‘sausages’’).
[FR Doc. 2018–07387 Filed 4–10–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 150309236–8327–02]
RIN 0648–BE65
Fisheries of the Northeastern United
States; Mid-Atlantic Fishery
Management Council; Omnibus
Acceptable Biological Catch
Framework Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action implements an
Omnibus Framework Adjustment to the
Mid-Atlantic Fishery Management
Council’s acceptable biological catch
setting process, allows for adoption of
peer-reviewed scientific information
more quickly, and clarifies language in
the Council’s catch control rules. This
action is necessary to provide an
additional approach in catch setting that
will help bring stability to quotas,
ensure the best available scientific
information is more readily available,
and clarify existing control rule
language. The intended effect of this
action is to inform the public of these
changes to the Council’s catch setting
control rules and process.
DATES: This rule is effective May 11,
2018.
SUMMARY:
Copies of the Council’s
Omnibus Acceptable Biological Catch
Framework Adjustment and the
accompanying environmental
assessment (EA) are available on request
from: Michael Pentony, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Erin
Wilkinson, Fishery Management
Specialist, (301) 427–8561.
SUPPLEMENTARY INFORMATION:
nshattuck on DSK9F9SC42PROD with RULES
ADDRESSES:
VerDate Sep<11>2014
14:51 Apr 10, 2018
Jkt 244001
Background
The Council is required to set annual
catch limits (ACLs) that do not exceed
the acceptable biological catch (ABC)
recommendation of its Scientific and
Statistical Committee (SSC) to prevent
overfishing. ABCs represent an upper
limit for the Council to use when setting
catch limits. The 2011 ACL Omnibus
Amendment final rule (76 FR 60606;
September 29, 2011), put in place the
Council’s risk policy that provides
guidance to the SSC on the Council’s
tolerance for overfishing risk. The
policy also outlines risk tolerance for
ensuring stocks under rebuilding plans
achieve fishing mortality objectives.
The Council’s risk policy for setting
ABCs states that for a typical species
whose stock size is equal to or greater
than a biomass target associated with
maximum sustainable yield (BMSY), the
acceptable probability of overfishing is
40 percent, i.e., if the fishery catches the
ABC then there is a 60-percent
probability of not overfishing. If the SSC
determines that a species has an
atypical life history, the Council
requires at least a 65-percent chance of
not overfishing to create a larger buffer
when biomass is at or above BMSY. The
SSC determines whether a stock is
typical or atypical each time an ABC is
recommended.
For both typical and atypical species,
the Council has specified that as stock
size biomass (B) falls below the target
BMSY, the probability of overfishing
decreases, until the probability of
overfishing hits zero when the stock is
at 10 percent of the target BMSY. For a
stock under a rebuilding plan, the
probability of not exceeding the fishing
mortality rate (F) within the specified
timeframe must be at least 50 percent,
unless this probability threshold is
modified through a stock rebuilding
plan.
The fishery management plans (FMPs)
managed by the Council all have
provisions for setting specifications for
multiple years (five years for dogfish
and three years for all other species).
Approved Measures
Overfishing Probability Averaging
When the SSC accepts assessment
fishing mortality reference points, the
average probability of overfishing (or
achieving the target fishing mortality for
rebuilding stocks) may be used
consistent with the existing risk policy
requirements. The constant, multi-year
ABCs that would result must continue
to meet the Council’s risk policy goals,
with the probability of overfishing not
to exceed 50 percent in any given year.
For stocks in a rebuilding plan, the
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
15511
probability of achieving the rebuilding
fishery mortality must meet the risk
policy objectives when constant, multiyear ABCs are recommended by the
SSC.
Averaged ABCs could be set at a
constant level for up to five years for
spiny dogfish and up to three years for
all other species managed by the
Council. The SSC may provide both
variable, year-to-year and constant
multi-year recommendations based on
the average overfishing probability
approach for the Council to consider.
The SSC will continue to review fishery
performance each year during multiyear specifications, regardless of which
multi-year approach is used to
determine ABCs. The multi-year
averaging of ABCs will not apply to
stocks that do not have a quantitative
assessment to derive ABCs, or to stocks
with an assessment that lacks
information on the risk of overfishing.
ABC Control Rule Assessment Level
Designations
In conjunction with this action, the
Council developed and we approved
some clarifying language describing its
ABC control rule assessment level
designations. These revisions are minor
and intended to clarify the various
components of the assessment levels
used in the ABC control rules.
Approved Biological Status Criteria
This action provides notice of the
administrative process the Council will
use for incorporating the best scientific
information available in the
development of ABCs for the Atlantic
Bluefish, Tilefish, and Atlantic
Mackerel, Squid, and Butterfish FMPs.
All other Mid-Atlantic FMPs already
use this process. The best available
science requirements dictate that the
SSC use the accepted assessment
information to set quotas under National
Standard 2. The Council’s SSC will
utilize peer-reviewed biological
reference points (overfishing level,
biomass thresholds, etc.) and periodic
updates to stock status determination
criteria (i.e., biomass and fishing
mortality reference points) to define
ABCs, consistent with the Council’s
other FMPs and National Standards 1
and 2 of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). This change in
Council operations improves
management efficiency by automatically
incorporating new peer-reviewed status
determination criteria instead of
requiring a separate management action
to adopt them within these three FMPs.
E:\FR\FM\11APR1.SGM
11APR1
Agencies
[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Rules and Regulations]
[Pages 15503-15511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07387]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 170815763-8270-02]
RIN 0648-BH13
International Fisheries; Pacific Tuna Fisheries; Fishing
Restrictions for Tropical Tuna in the Eastern Pacific Ocean for 2018 to
2020
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 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 at the 92nd Meeting of the
Inter-American Tropical Tuna Commission (IATTC) in July 2017. This
final rule implements the C-17-02
[[Page 15504]]
fishing management measures for tropical tuna (i.e., bigeye tuna
(Thunnus obesus), yellowfin tuna (Thunnus albacares), and skipjack tuna
(Katsuwonus pelamis)) in the eastern Pacific Ocean (EPO). This final
rule imposes the following on purse seine vessels with carrying
capacity greater than 182 metric tons (mt) fishing for tropical tuna in
the EPO: A 72-day EPO-wide closure, a 31-day area closure, and a
requirement that--with some exceptions--all tropical tuna be retained
and landed. In addition, this final rule revises the restrictions for
exemptions due to force majeure, establishes a bigeye tuna catch limit
of 750 mt for U.S. longline vessels greater than 24 meters in overall
length, and regulates the use and design of fish aggregating devices.
This final 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 rule is effective May 11, 2018, except for the amendments
to 50 CFR 300.24(qq) and 300.28(e), which are effective on January 1,
2019.
ADDRESSES: Copies of the Environmental Assessment, revised Regulatory
Impact Review, and other supporting documents are available via the
Federal eRulemaking Portal: https://www.regulations.gov, docket NOAA-
NMFS-2017-0129, or by contacting the Highly Migratory Species Branch
Chief, Heidi Taylor, 501 W. Ocean Blvd., Suite 4200, Long Beach, CA
90208, [email protected].
FOR FURTHER INFORMATION CONTACT: Rachael Wadsworth, NMFS at 562-980-
4036.
SUPPLEMENTARY INFORMATION:
Background
On November 14, 2017, NMFS published a proposed rule in the Federal
Register (82 FR 52700) to implement provisions of Resolution C-17-02
(Conservation Measures for Tropical Tunas in the Eastern Pacific Ocean
During 2018-2020 and Amendment to Resolution C-17-01) adopted by the
Inter-American Tropical Tuna Commission (IATTC or Commission) by
consensus at its 92nd meeting in July 2017, in Mexico City, Mexico. The
proposed rule contains additional background information, including
information on the IATTC and its Convention Area, 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 December 14, 2017.
The final rule is implemented under the Tuna Conventions Act (16
U.S.C. 951 et seq.). This final rule applies to U.S. purse seine and
longline vessels greater than 24 meters (m) in overall length fishing
for tropical tunas in the IATTC Convention Area from May 11, 2018. The
IATTC Convention Area is defined as waters of the eastern Pacific Ocean
(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.
As specified under Resolution C-17-02, the final rule continues to
apply three regulations for the U.S. fleet that were in effect in 2017,
revises several regulations for both purse seine and longline vessels,
adds a description of the process for transferring longline bigeye tuna
catch limits between countries, and imposes new restrictions on fish
aggregating device (FAD) deployment and removal, reporting, and design
standards. Because the preamble of the proposed rule contained detailed
information on the maintained and revised measures, this final rule
will briefly summarize these measures and include more detail on the
new measures.
Regulations Continued From Previous Years
The final rule continues to apply the regulations effective in
previous years, including 2017, for purse seine vessels of class sizes
4-6 (carrying capacity greater than 182 metric tons (mt)) fishing for
tropical tuna in the EPO. This includes a 72-day EPO-wide fishing
closure period, a time/area closure in the EPO for 31 days, and a
requirement that all tropical tuna be retained on board and landed,
except fish considered unfit for human consumption for reasons other
than size. The final rule continues to allow a single exception on the
final set of a trip, when there may be insufficient space remaining to
accommodate all the tuna caught in that set.
Regulations Continued From Previous Years With Some Revisions
The final rule also increases the catch limit from 500 mt to 750 mt
for bigeye tuna caught in the EPO by U.S. longline vessels greater than
24 meters (m).
The final rule narrows the definition of force majeure and adjusts
the number of days a purse seine vessel would need to observe the 72-
day closure period, if granted a force majeure exemption, from 30 days
to 40 days. The final rule allows the reduced closure period to be
observed in the year the force majeure event occurred, or if the vessel
already observed a 72-day closure period in the year the event
occurred, in the following year. The final rule requires all size class
4-6 purse seine vessels granted an exemption due to force majeure to
carry an observer.
NMFS is also adding a procedural requirement in the final rule to
the regulations governing exemptions due to force majeure. Currently,
the regulations do not have a required deadline for vessel owners or
operators to submit information to NMFS for force majeure exemption
requests. The final rule requires U.S. vessel owners or operators
requesting an exemption due to force majeure to send the request to
NMFS within 20 calendar days after the vessel has been unable to
proceed to sea for the same amount of days as the closure period (i.e.,
72 days). Although Resolution C-17-02 specifies that the request must
be sent to the IATTC Secretariat ``. . . at the latest one month after
it happens,'' NMFS is requiring the information to be sent to NMFS
within 20 calendar days to allow for additional time to review and
process the request before NMFS sends the information to the IATTC
Secretariat.
In addition, the final rule removes two regulations that were in
effect in 2017: (1) The exception for allowing a purse seine vessel
with a dolphin mortality limit to fish for 10 days during the closure
period; and (2) the exception that allowed purse seine vessels of class
size 4 (i.e., vessels with a carrying capacity between 182 and 272 mt)
to make a single fishing trip of up to 30 days during the closure
period, provided that any such vessel carries an observer.
New Regulations Beginning in 2018
Bigeye tuna longline transfers. Resolution C-17-02 regulates, for
the first time, the practice of IATTC members or cooperating non-
members (collectively known as CPCs) transferring catch limits for
bigeye tuna in the EPO for longline vessels greater than 24 m in
overall length. The previous IATTC resolutions on tropical tuna did not
address transfers of bigeye tuna catch limit in the EPO. NMFS and U.S.
Department of State are responsible for arranging any transfers of a
bigeye tuna catch limit for the United States with another IATTC CPC.
Currently, the IATTC CPCs with which the United States could conduct a
transfer, per paragraph 16 of Resolution C-17-02, include China, Japan,
South Korea, and Chinese Taipei. In accordance with paragraph 18 of
Resolution C-17-02, NMFS and U.S. Department of State will ensure that
the total catch limit transferred either to or from the United States
does not exceed 30 percent of the
[[Page 15505]]
catch limit designated to those IATTC CPCs or the United States,
respectively, by the IATTC. In addition, these transfers may not
retroactively cover an overage of a U.S. catch limit for bigeye tuna.
The United States may not retransfer to a CPC any of the transferred
catch limit it receives from another CPC.
Per requirements of the Resolution, NMFS will notify the IATTC of
the transfer 10 days in advance, either separately or with the other
CPC transferring catch. The notification would specify the tonnage to
be transferred and the year in which the transfer would occur. NMFS
will be responsible for the management of the transferred catch limit,
including monitoring and monthly reporting of catch.
If the United States engages in a transfer of a bigeye tuna catch
limit with another CPC, NMFS will publish a notice in the Federal
Register announcing the new catch limit for bigeye tuna in the EPO that
is available to U.S. longline vessels over 24 m in overall length.
Restrictions on Active FADs. This final rule defines the term
``Active FAD'' as a FAD that is equipped with gear capable of tracking
location, such as radio or satellite buoys. While the regulatory text
of the proposed rule would not have prohibited the continued deployment
of FADs that are not ``active,'' NMFS sought public comment on the
potential burden of such a prohibition in order to facilitate
enforcement, monitoring, and reporting. Subsequently, NMFS was informed
by industry that all FADs deployed by U.S. purse seine vessels meet the
criteria for ``Active FADs.'' Because the burden on U.S. industry would
appear to be nonexistent under prevailing practice, but the management
value is substantial, the final rule prohibits the deployment of FADs
that are not Active FADs. Mere possession of non-Active FADs on a
vessel is allowed under the regulations, but only Active FADs may be
deployed by U.S. vessels in the IATTC Convention Area. Resolution C-17-
02 specifies that an Active FAD may be activated only while it is
onboard a purse seine vessel. To implement this provision, the final
rule specifies that an Active FAD will be considered active at all
times unless/until the tracking equipment is removed and the vessel
owner or operator notifies NMFS Highly Migratory Species (HMS) Branch
or the IATTC that this FAD is no longer active (i.e., deactivated). In
accordance with Resolution C-17-02, each purse seine vessel on the
IATTC Regional Vessel Register that has a well volume of 1,200 m\3\ or
more has a limit of 450 Active FADs that can be active at any one time.
Reporting on Active FADs. U.S. vessel owners and operators are
required to maintain daily information on all Active FADs deployed in
the water in the IATTC Convention Area and report this information
monthly to the address specified by NMFS HMS Branch. NMFS will
distribute guidance regarding the reporting requirements to U.S. purse
seine vessel owners and operators prior to the effective date of the
final rule. These reports must be submitted no later than 90 days after
the month covered by the report. For example, reports covering the
month of January 2018 must be submitted on or before May 1, 2018.
The final rule also requires that reports on FAD interactions,
which are already required by regulations at 50 CFR 300.25(i), must be
submitted within 30 days of each landing or transshipment of tuna or
tuna-like species.
FAD deployment and removals. The final rule specifies that U.S.
vessel owners, operators, and crew of purse seine vessels of class
sizes 4-6 must ensure that FADs are not deployed during a period of 15
days prior to the start of the 72-day closure period selected by the
vessel per 50 CFR 300.25(e)(1). In addition, the regulations specify
that if a U.S. vessel owner, operator, and crew of a purse seine vessel
of class size 6 chooses to set on FADs during this 15 day period, they
must remove from the ocean a number of FADs equal to the number of FADs
set upon by the vessel during this same 15 day period.
FAD designs to reduce entanglements. As specified under IATTC
Resolution C-17-02, the FAD design requirements that are intended to
reduce entanglements will become effective on January 1, 2019, which is
later than the effective date for the rest of the rule. Resolution C-
17-02 includes broadly worded restrictions on the use of entangling
material on FADs. In the proposed rule, NMFS proposed two options to
meet the Resolution restrictions by following guidance developed by the
International Seafood Sustainability Foundation (ISSF) Guide for Non-
Entangling FADs (ISSF Guide) (available at: https://iss-foundation.org/knowledge-tools/guides-best-practices/non-entangling-fads/download-info/issf-guide-for-non-entangling-fads/). The two options proposed
were: (1) The ``Lower Entanglement Risk FADs'' (e.g., only small mesh
netting (i.e., 7 cm/2.5 in or less stretched mesh) and must be tightly
tied into bundles (``sausages''), or formed into a panel that is
weighted so as to keep it taut); or (2) ``Non-Entangling FADs'' (e.g.,
no mesh netting in FAD) as described in the ISSF Guide. NMFS proposed
these options to establish clear standards for FAD designs that meet
the requirements of Resolution C-17-02. In addition, NMFS solicited
information from the public on additional materials or configurations
that have been demonstrated to reduce or avoid entanglements when used
in FAD construction, but did not receive any new suggestions on FAD
material or design.
NMFS received a comment from the American Tunaboat Association
(ATA), which represents large U.S. purse seine vessels that fish in the
EPO, on the proposed regulations for FAD design. The ATA objected to
these proposed regulations because the restrictions would go beyond the
explicit requirements of Resolution C-17-02 and thereby create an
unfair playing field for the U.S. fleet compared to the fleets of other
IATTC CPCs. In consideration of ATA's comment, NMFS is modifying the
proposed regulations in this final rule.
This final rule prohibits only two FAD design features that are
suggested by ISSF to have the highest risk of entangling marine life.
Based on ISSF guidance, FADs with the highest risk of entanglement use
large mesh netting, such as 4.25 to 8 inch stretched mesh, that hang
freely beneath the FAD (Figure 1). At this time, NMFS is not limiting
the size of the net mesh used in the FAD design, but under the final
rule, any netting used in the subsurface structure of the FAD must be
tightly tied into bundles (``sausages''). In addition, if the FAD
design includes a covered raft (e.g., flat raft or rolls of material)
and if mesh netting is used for the cover, the mesh netting must be
tightly wrapped around the entire raft such that no loose netting hangs
below the FAD.
[[Page 15506]]
[GRAPHIC] [TIFF OMITTED] TR11AP18.000
NMFS believes that these requirements will effectively prohibit FAD
designs that are most dangerous for bycatch species, such as sharks.
Furthermore, the requirements are sufficiently specific to be
enforceable. NMFS believes that these restrictions also will allow U.S.
industry to operate on an equal playing field relative to our IATTC
partners. NMFS recognizes that any netting used in a FAD may become
loose over time, yet in order to achieve the intent of the Resolution,
the netting must remain secure and tight whenever deployed. Therefore,
NMFS reminds the fleet that in order to comply with these regulations,
the purse seine operators must remain vigilant in maintaining and
securing all mesh net used in FADs.
NMFS has opted to establish standards that are more specific than
the Resolution to aid with compliance and enforcement, and further the
intent of the Resolution that member nations should design and deploy
FADs ``to avoid entangling marine life.'' NMFS recognizes that the
IATTC is expected to conduct more work to define non-entangling FADs
and to develop specific guidance on materials and designs for FADs.
NMFS intends to work with the IATTC FAD Working Group and the
Commission to clarify non-entangling FAD requirements to ensure
consistency between IATTC CPCs. NMFS will update these regulations, as
appropriate, when guidance is adopted by the IATTC.
Public Comments and Responses
NMFS received six comments during the 30-day public comment period
that closed on December 14, 2017, and one comment after the comment
period closed. Two comments were anonymous, two were from members of
the public, and the remaining were from representatives of the Hawaii
Longline Association (HLA), the Marine Mammal Commission (MMC), and the
ATA. Three commenters supported the regulations as proposed, and one
opposed the proposed rule because the regulations proposed to increase
the longline catch limit for bigeye tuna. One of the anonymous
commenters did not comment on the proposed regulations directly, but
expressed views on global warming, and although this topic is not
entirely outside the general subject matter of fisheries management, it
does not warrant a response. The other comments are detailed below with
responses from NMFS.
Comment 1: The commenter expressed support for the proposed
regulations and supported the use of tracking gear for researchers to
monitor catch levels and closure areas. The commenter recommended this
data be available to the public for assistance in monitoring vessels
that break the rules.
Response: NMFS thanks the commenter for their support for the
proposed regulations. In response to the commenter's request that
vessels be tracked with the aim to aid in enforcement, NMFS notes that
the IATTC requires the installation of a vessel monitoring system (VMS)
unit for large tuna fishing vessels greater than 24 m in overall length
fishing in the EPO (see 50 CFR 300.26). This information is used to aid
in U.S. enforcement with fisheries regulations such as closure areas.
The VMS information data for these vessels is sent to NMFS Office of
Law Enforcement and U.S. Coast Guard and is used strictly for
enforcement purposes; however, this information may not be released
publically under the Trade Secrets Act because it is commercially
confidential.
[[Page 15507]]
Comment 2: The commenter supported implementing the proposed
regulations and noted that the United States should be a role model for
other nations and should continue to ensure overfishing does not occur.
The commenter also supported the management measures on FADs and
expressed the view that FADs should be banned in all countries
throughout the year. The commenter noted that FAD fishing is
inefficient and not worth the cost of all the marine life killed as
bycatch in FADs.
Response: NMFS thanks the commenter for their support of the
proposed regulations, and for highlighting the obligation of the United
States to domestically implement measures adopted by the IATTC. In
response to the commenter's recommendation that FADs be banned, this
goes beyond the scope of this rule, which implements a specific
resolution adopted by the IATTC. However, recommendations on new FAD
management measures can be considered by the U.S. delegation when
formulating U.S. positions during IATTC deliberations.
In response to the commenter's view that FADs are inefficient and
contribute to wasteful bycatch, NMFS agrees that bycatch should
continue to be mitigated through management measures. This final rule
implements new restrictions on FADs, including requirements for designs
that are intended to reduce the entanglement of bycatch species, such
as sharks. NMFS intends to continue working with the IATTC Bycatch
Working Group and the Commission to reduce bycatch in tuna fisheries in
the EPO.
Comment 3: The commenter opposed these proposed regulations because
it would increase the bigeye tuna catch limit for U.S. longline vessels
greater than 24 m in overall length in the EPO. The commenter also
expressed the view that the FAD regulations are not restrictive enough
and should require biodegradable materials be used on FADs. In
addition, the commenter recommended that catch levels for tunas should
be decreased in the EPO and referenced papers on FADs and overfishing
for tuna.
Response: NMFS thanks the commenter for their views on the proposed
regulations. In response to the commenter's opposition to an increase
in the U.S. bigeye tuna catch limit, the IATTC's goal is to manage
stocks to levels that produce maximum sustainable yield (MSY) under the
Antigua Convention. Because the stock assessment for bigeye tuna in the
EPO conducted by the IATTC scientific staff in 2017 did not show the
stock biomass to be below MSY or fishing levels to be above MSY, the
IATTC approved this small increase for the United States. As explained
in the Classification section of the proposed rule, the increase in
U.S. catch limit of 250 mt represents a 0.45 percent increase of the
total international catch limit in the EPO. The IATTC staff estimated
that this increase represents less than a 1 percent increase in fishing
mortality for the EPO stock of bigeye tuna.
In response to the recommendation for biodegradable FADs, NMFS
agrees that biodegradable materials are useful to reduce marine debris.
Although the IATTC has not adopted binding measure on biodegradable
FADs, Annex II of IATTC Resolution C-16-01 urges the promotion of
biodegradable FADs as a voluntary measure, and NMFS expects this issue
to be discussed more in the IATTC FAD Working Group, as well as by the
Commission.
Comment 4: HLA expressed support for the increase in the bigeye
tuna longline catch limit from 500 to 750 mt and also for the proposed
regulation to allow a transfer of bigeye tuna catch. In addition, HLA
requested that NMFS ensure any transferred catch limit of bigeye tuna
be expedited by prompt notice in the Federal Register to avoid delays
that have occurred in the western Pacific Ocean when increases in catch
limits have taken place.
Response: NMFS thanks HLA for its views on these regulations. If
any catch limit is transferred to the United States from another CPC,
NMFS will make every effort to promptly publish this notice in the
Federal Register.
Comment 5: The ATA commented that the proposed requirements for
``Lower Entanglement Risk FADs'' and ``Non-Entangling FADs'' go beyond
the requirements in Resolution C-17-02 and promote an unequal playing
field that would disadvantage the U.S. purse seine fleet.
Response: NMFS thanks ATA for its perspective on the proposed
regulations on ``Lower Entanglement Risk FADs'' and ``Non-Entangling
FADs.'' In response to this comment, NMFS concluded that the proposed
regulations were within the overall mandate of the Resolution to
minimize entanglement and fell within the discretion of the Secretary
to devise and promulgate an enforceable interpretation of a binding
IATTC Resolution. However, NMFS agrees with the ATA that the specific
material and gear requirements for non-entangling FADs need to be
further clarified by the IATTC to ensure consistency. Therefore, NMFS
has taken into consideration ATA's comments in this final rule.
In the final rule, the proposal has been modified in a way that is
still specific and aids with compliance and enforcement. The rule
prohibits only design features that are shown by ISSF to have the
highest risk of entangling marine life. Based on ISSF guidance, FADs
with the highest risk of entanglement use large mesh netting that hangs
freely beneath the FAD. Under these regulations, this design is
prohibited and if any mesh netting is used in the subsurface part of
the FAD it must be tightly rolled into ``sausages.'' This option was
chosen because the standard can be understood by the regulated
community and is enforceable, while at the same time not being overly
restrictive compared to other IATTC CPCs.
Although the text in Resolution C-17-02 is broad, many countries
seem to be using FAD materials and designs that are consistent with the
``Lower Entanglement Risk FADs'' and ``Non-Entangling FADs'' as
described by ISSF. According to information collected by ISSF, the U.S.
purse seine fleet uses the highest risk of entangling materials on FADs
and the majority of the other IATTC members surveyed by ISSF used a
combination of the ``Lower Entanglement Risk FADs'' and ``Non-
Entangling FADs.'' \1\
---------------------------------------------------------------------------
\1\ ISSF 2017: Available online at: https://iss-foundation.org/download-monitor-demo/download-info/issf-2017-07-towards-global-non-entangling-fish-aggregating-device-fad-use-in-tropical-tuna-purse-seine-fisheries-through-a-participatory-approach/.
---------------------------------------------------------------------------
Given that the FAD design provisions of the Resolution must be
implemented no later than January 1, 2019, NMFS intends to keep working
with the IATTC FAD Working Group and the Commission to clarify non-
entangling FAD requirements to ensure consistency between IATTC CPCs.
NMFS will update these regulations, as appropriate, when guidance is
adopted by the IATTC.
Comment 6: The Marine Mammal Commission (MMC) supported the
proposed regulations on FADs and, in particular, on non-entangling
FADs. The MMC noted the large whale entanglements in FADs in other
oceans, and stated that the design and management of FADs can have a
considerable impact on various marine species, including marine
mammals.
In addition, the MMC recommended that the U.S. delegation to the
IATTC continue to press for sufficient observer coverage and vessel
reporting requirements for all IATTC CPCs to provide reliable data on
the impact of
[[Page 15508]]
FADs and related purse seine fishing operations on cetaceans. Given the
evidence that large whales interact with both FADs and the tuna purse
seine fisheries that deploy and set on FADS, the MMC believes that
designing FADs that are less likely to entangle large fauna is an
important effort that should be supported.
Response: NMFS thanks the MMC for its view on these proposed
regulations and for highlighting the concern that FADs have the
potential to entangle whales. NMFS notes that the IATTC requires 100
percent observer coverage on large purse seine vessels that fish with
FADs. The observers onboard these purse seine vessels have reported
interactions with whales and FADs. However, NMFS is not aware of
discussions regarding interactions between whales and FADs within the
IATTC. The IATTC and Agreement on the International Dolphin
Conservation Program do not require observers on purse seine vessels
with a carrying capacity of less than 363 mt; however, there are two
situations where an observer is required on these vessels: (1) If the
vessel of class sizes 1 to 5 (less than 363 mt in carrying capacity)
has committed an infraction by setting on dolphins, or (2) if a purse
seine vessel of class sizes 4-6 (more than 182 mt but less than 363 mt
in carrying capacity) has been granted an exemption due to force
majeure and wishes to fish during the closure period. The IATTC and
Scientific Advisory Committee have discussed the need for observers on
smaller vessels, including options for electronic monitoring, and the
U.S. delegation has supported these recommendations.
In response to the request for NMFS to implement the Resolution
requirement for non-entangling FADs, as explained in the preamble, NMFS
will implement elements of the proposed regulations that are considered
the highest risk for entanglement. NMFS recognizes the text in
Resolution C-17-02 and C-16-01 needs to be clarified by the IATTC and
NMFS intends to work on this issue within the IATTC.
Changes From the Proposed Rule
NMFS is changing the regulatory text in the final rule from the
proposed rule that relate to Active FADs, material and designs to
reduce entanglements on FADs, and the process for exemptions due to
force majeure.
As explained in the preamble, NMFS is adding a prohibition against
deploying non-Active FADs in the EPO. NMFS solicited input from the
public on this particular issue and, through discussion with industry,
learned that the U.S. already deploys only Active FADs. In addition,
the final regulation limits the daily reporting requirement for Active
FADs only to FADs that are deployed in the water.
For reasons explained in the preamble above and in response to
public comment, NMFS is modifying the proposed regulations on ``Lower
Entanglement Risk FADs'' and ``Non-Entangling FADs.'' NMFS is revising
the proposed regulations on the FAD material and design to require any
mesh netting used in the subsurface structure of the FAD to be rolled.
If mesh netting is used for the cover of the FAD raft, the mesh netting
shall be tightly wrapped around the entire raft such that no loose
netting hangs below the FAD when deployed.
NMFS is adding a procedural requirement to the regulations
governing exemptions due to force majeure to be consistent with
Resolution C-17-02, which requires that any request be sent to the
IATTC ``at the latest'' 1 month after the force majeure event. NMFS is
requiring the information to be sent to NMFS within 20 calendar days
after the vessel has been unable to proceed to sea for 72 days because
of a force majeure event to allow for additional time to review and
process the request before NMFS sends the information to the
Secretariat. NMFS is adding this requirement to ensure that any force
majeure request submitted by U.S. purse seine vessel owners and
operators are not disqualified by the IATTC Secretariat for issues
related to timing of the request. The IATTC has final control over
whether force majeure requests are accepted, and NMFS is adding the 20-
day deadline to better ensure we are able to submit the requests to
IATTC in a timely manner.
NMFS is removing the reference to carrying capacity in metric tons
in 50 CFR 300.28(c) to be consistent with Resolution C-17-02 and to
eliminate possible confusion with conversions between metric tons and
cubic meters. In addition, NMFS is making various non-substantive
revisions to the regulatory text for clarity or ease of reading.
Classification
After consultation with the Departments of State and Homeland
Security, the NMFS Assistant Administrator has determined that this
final rule is consistent with the Tuna Conventions Act of 1950, as
amended, and other applicable laws, subject to further consideration
after public comment.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA) and which has been approved by OMB
Control Number 0648-0148. NMFS amended the supporting statement for the
West Coast Region Pacific Tuna Fisheries Logbook and Fish Aggregating
Device Form, Office of Management and Business (OMB) PRA requirements
(OMB Control No. 0648-0148) to include the data collection requirements
for FADs as described in the preamble. NMFS estimates that the public
reporting burden for this collection of information will average 3
minutes per form, including time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments
regarding this burden estimate, or any other aspect of this data
collection, including suggestions for reducing the burden, to NMFS (see
ADDRESSES) and by email to [email protected], or fax to (202)
395-5806.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number. All currently approved NOAA
collections of information may be viewed at: https://www.cio.noaa.gov/services_programs/prasubs.html.
Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 605(b), the
Chief Counsel for Regulation of the Department of Commerce certified to
the Chief Counsel for Advocacy of the Small Business Administration
during the proposed rule stage that this action would not have a
significant economic impact on a substantial number of small entities.
Further details on the factual basis for the certification were
published in the proposed rule (November 14, 2017, 82 FR 52700) and are
not repeated here. No comments were received regarding the
certification, and none of the changes from the proposed to the final
rule will increase costs to the affected public. 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.
[[Page 15509]]
The Assistant Administrator for Fisheries has determined that good
cause exists under 5 U.S.C. 553(b)(B), to waive the requirement for
providing advance notice and comment for requiring force majeure
requests to be sent to NMFS within 20 calendar days to allow for
additional time to review and process the request before NMFS sends the
information to the IATTC Secretariat. If this regulation were delayed
pending publication of a proposed rule and consideration of additional
public comments, no time limits would be in place and therefore U.S.
purse seine vessels might be disqualified by the IATTC Secretariat for
issues related to the timing of the request. Additionally, this is a
relatively minor procedural requirement that imposes a minimal
regulatory burden.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and recordkeeping requirements, Treaties.
Dated: April 5, 2018.
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
Subpart C--Eastern Pacific Tuna Fisheries
0
1. The authority citation for 50 CFR part 300, subpart C, continues to
read as follows:
Authority: 16 U.S.C. 951 et seq.
0
2. In Sec. 300.21, add a definition, in alphabetical order, for
``Active FAD'' and revise the definition for ``Force majeure'' to read
as follows:
Sec. 300.21 Definitions.
* * * * *
Active FAD means a FAD that is equipped with gear capable of
tracking location, such as radio or satellite buoys. A FAD with this
equipment attached shall be considered an Active FAD unless/until the
equipment is removed and the vessel owner or operator notifies the
IATTC or HMS Branch that the FAD is no longer active (i.e.,
deactivated).
* * * * *
Force majeure means, for the purpose of Sec. 300.25, a situation
in which a vessel at sea, except while transiting between ports on a
trip during which no fishing operations occur, is disabled by
mechanical and/or structural failure, fire or explosion.
* * * * *
0
3. In Sec. 300.22, the section heading and the heading for paragraph
(a) are revised, add a heading for paragraph (a)(1), and paragraph
(a)(3) is added to read as follows:
Sec. 300.22 Recordkeeping and reporting requirements.
(a) Logbooks and reporting on whale sharks and FADs--(1) Logbook
reporting.* * *
(3) FAD data reporting for purse seine vessels--(i) Reporting on
FAD interactions. U.S. vessel owners and operators must ensure that any
interaction or activity with a FAD is reported using a standard format
provided by the HMS Branch. The owner and operator shall ensure that
the form is submitted within 30 days of each landing or transshipment
of tuna or tuna-like species to the address specified by the HMS
Branch.
(ii) Reporting on Active FADs. U.S. vessel owners and operators
must record or maintain daily information on all Active FADs that have
been deployed in the water in the IATTC Convention Area in the format
and to the address provided by the HMS Branch. This information must be
submitted for each calendar month no later than 90 days after the month
covered by the report.
* * * * *
0
4. In Sec. 300.24, revise paragraphs (m), (n), (ee), and (ff) and add
paragraphs (kk) through (qq) to read as follows:
Sec. 300.24 Prohibitions.
* * * * *
(m) Fail to stow gear as required in Sec. 300.25(a)(4)(iv) or
(e)(6).
(n) Use a fishing vessel of class size 4-6 to fish with purse seine
gear in the Convention Area in contravention of Sec. 300.25(e)(1),
(2), or (5).
* * * * *
(ee) Fail to ensure characters of a unique code are marked
indelibly on a FAD deployed or modified on or after January 1, 2017, in
accordance with Sec. 300.28(a)(2).
(ff) Fail to record or report data on FADs as required in Sec.
300.22(a)(3).
* * * * *
(kk) Activate the transmission equipment attached to a FAD in a
location other than on a purse seine vessel at sea as required in Sec.
300.28(b).
(ll) Fail to turn on the tracking equipment for an Active FAD
before deploying at sea as required in Sec. 300.28(b).
(mm) Deploy a FAD in the IATTC Convention Area that is not an
Active FAD.
(nn) Have more Active FADs than specified in Sec. 300.28(c) in the
IATTC Convention Area at any one time.
(oo) Deploy a FAD in the IATTC Convention Area during a period of
15 days prior to the start of the selected closure period in
contravention of Sec. 300.28(d)(1).
(pp) Fail to timely remove from the water a number of FADs in the
IATTC Convention Area equal to the number of FADs set upon by the
vessel during the 15 days prior to the start of the selected closure
period as required in Sec. 300.28(d)(2).
(qq) Deploy, or have onboard a vessel, a FAD in the IATTC
Convention Area that fails to comply with the FAD design requirements
in Sec. 300.28(e).
0
5. Amend Sec. 300.25 by:
0
a. Revising paragraphs (a)(1) and (2);
0
b. Adding paragraph (a)(5);
0
c. Revising paragraphs (e)(1) through (3), (e)(4) introductory text,
and (e)(4)(ii);
0
d. Adding paragraphs (e)(4)(iii) and (iv);
0
e. Revising paragraphs (e)(5) and (6); and
0
f. Removing paragraphs (e)(7), (h), and (i).
The addition and revisions read as follows:
Sec. 300.25 Fisheries management.
(a) * * *
(1) Fishing seasons for all tuna species begin on 0000 hours
Coordinated Universal Time (UTC) January 1 and end either on 2400 hours
UTC December 31 or when NMFS closes the fishery for a specific species.
(2) For the calendar years 2018, 2019, 2020, there is a limit of
750 metric tons of bigeye tuna that may be caught by longline gear in
the Convention Area by U.S. commercial fishing vessels that are over 24
meters in overall length. The catch limit within a calendar year is
subject to increase if the United States receives a transfer of catch
limit from another IATTC member or cooperating non-member, per
paragraph (a)(5) of this section.
* * * * *
(5) If the United States engages in a transfer of a bigeye tuna
catch limit with another IATTC member or cooperating non-member, NMFS
will publish a notice in the Federal Register announcing the new catch
limit that is available to U.S. commercial fishing vessels that are
over 24 meters in overall length. All restrictions described in
[[Page 15510]]
paragraphs (a)(1) and (3) through (4) of this section will continue to
apply.
* * * * *
(e) Purse seine closures. (1) 72-day closure. A commercial purse
seine fishing vessel of the United States that is 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 in each of the
years 2018, 2019, and 2020 during one of the following two periods:
(i) From 0000 hours Coordinated Universal Time (UTC) July 29, to
2400 hours UTC October 8, or
(ii) From 0000 hours UTC November 9 to 2400 hours UTC January 19 of
the following year.
(2) Choice of closure period. A vessel owner, manager, or
association representative of a vessel that is subject to the
requirements of paragraph (e)(1) of this section must provide written
notification to the Regional Administrator declaring to which one of
the two closure periods identified in paragraph (e)(1) of this section
his or her vessel will adhere in that year. This written notification
must be submitted by fax at (562) 980-4047 or email at
[email protected] and must be received no later
than July 1 prior to the first closure period within a calendar year.
The written notification must include the vessel name and registration
number, the closure dates that will be adhered to by that vessel, and
the vessel owner or managing owner's name, signature, business address,
and business telephone number.
(3) Default closure period. If written notification is not
submitted per paragraph (e)(2) of this section for a vessel subject to
the requirements under paragraph (e)(1) of this section, that vessel
must adhere to the second closure period under paragraph (e)(1)(ii) of
this section.
(4) Request for exemption due to force majeure. A request for
exemption due to force majeure must be made to the Sustainable
Fisheries Division within 20 calendar days after the vessel has been
unable to proceed to sea for 72 days by fax at (562) 980-4047 or
emailed to [email protected]. The request must
include the name and official number of the vessel, vessel owner or
manager's name and signature, and evidence to support the request,
which may include but is not limited to photographs, repair bills,
certificates of departure from port, and in the case of a marine
casualty, a completed copy of the U.S. Coast Guard Form CG-2692A (See
46 CFR 4.05-10).
* * * * *
(ii) If the request for an exemption due to force majeure is
accepted by the IATTC, the vessel must observe a closure period of 40
consecutive days in the same year during which the force majeure event
occurred, in one of the two closure periods described in paragraph
(e)(1) of this section.
(iii) If the request for an exemption due to force majeure is
accepted by the IATTC and the vessel has already observed a closure
period described in paragraph (e)(1) of this section in the same year
during which the force majeure event occurred, the vessel must observe
a closure period of 40 consecutive days the following year the force
majeure event occurred, in one of the two closure periods described in
paragraph (e)(1) of this section.
(iv) Any purse seine vessel, for which a force majeure request is
accepted by the IATTC, must carry an observer aboard authorized
pursuant to the International Agreement on the International Dolphin
Conservation Program.
(5) 31-day area closure. 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 2018,
2019, and 2020 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.
(6) Requirement to stow gear. At all times while a vessel is in a
time/area closed period established under paragraphs (e)(1) or (5) of
this section, unless fishing under the exception under paragraph (e)(4)
of this section, the fishing gear of the vessel must be stowed in a
manner as not to be readily available for fishing. In particular, the
boom must be lowered as far as possible so that the vessel cannot be
used for fishing, but so that the skiff is accessible for use in
emergency situations; the helicopter, if any, must be tied down; and
launches must be secured.
* * * * *
0
6. Add Sec. 300.28 to subpart C to read as follows:
Sec. 300.28 FAD restrictions.
(a) FAD identification requirements for purse seine vessels. (1)
For each FAD deployed or modified on or after January 1, 2017, in the
IATTC Convention Area, the vessel owner or operator must either: obtain
a unique code from HMS Branch; or use an existing unique identifier
associated with the FAD (e.g., the manufacturer identification code for
the attached buoy).
(2) U.S. purse seine vessel owners and operators shall ensure the
characters of the unique code or unique identifier be marked indelibly
at least five centimeters in height on the upper portion of the
attached radio or satellite buoy in a location that does not cover the
solar cells used to power the equipment. For FADs without attached
radio or satellite buoys, the characters shall be on the uppermost or
emergent top portion of the FAD. The vessel owner or operator shall
ensure the marking is visible at all times during daylight. In
circumstances where the on-board observer is unable to view the code,
the captain or crew shall assist the observer (e.g., by providing the
FAD identification code to the observer).
(b) Activating FADs for purse seine vessels. A vessel owner,
operator, or crew shall deploy an Active FAD only while at sea and the
tracking equipment must be turned on while the FAD is onboard the
vessel and before being deployed in the water.
(c) Restrictions on Active FADs for purse seine vessels. U.S.
vessel owners and operators of purse-seine vessels with the following
well volume (m\3\) must not have more than the following number of
Active FADs per vessel in the IATTC Convention Area at any one time:
------------------------------------------------------------------------
Active FAD
Well volume (m\3\) limit
------------------------------------------------------------------------
1,200 or more........................................... 450
426-1,199............................................... 300
213-425................................................. 120
0-212................................................... 70
------------------------------------------------------------------------
(d) Restrictions on FAD deployments and removals. (1) U.S. vessel
owners, operators, and crew of purse seine vessels of class size 4-6
(more than 182 metric tons carrying capacity) must not deploy a FAD
during a period of 15 days prior to the start of the selected closure
period described in Sec. 300.25(e)(1).
(2) During the 15 days prior to the start of the closure period
selected by the vessel per Sec. 300.25(e)(1), U.S. vessel owners,
operators, and crew of purse seine vessels of class size 6 (greater
than 363 metric tons carrying capacity) must remove from the water a
number of FADs equal to the number of FADs set upon by the vessel
during that same 15 day period.
(e) FAD design requirements to reduce entanglements. No later than
January 1, 2019, all FADs onboard or deployed by U.S. vessel owners,
operators, or crew, must comply with the following design requirements:
(1) Raft. If the FAD design includes a covered raft (e.g., flat
raft or rolls of material) and if mesh netting is used for
[[Page 15511]]
the cover, the mesh netting shall be tightly wrapped around the entire
raft such that no loose netting hangs below the FAD when deployed.
(2) Subsurface. Any netting used in the subsurface structure of the
FAD must be tightly tied into bundles (``sausages'').
[FR Doc. 2018-07387 Filed 4-10-18; 8:45 am]
BILLING CODE 3510-22-P