Pacific Island Pelagic Fisheries; False Killer Whale Take Reduction Plan; Closure of Southern Exclusion Zone, 33848-33851 [2018-15332]

Download as PDF 33848 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations Dated: July 9, 2018. Cathy Stepp, Regional Administrator, Region 5. 2. In § 52.1220, the table in paragraph (d) is amended by revising the entry for ‘‘Flint Hills Resources Pine Bend, LLC’’ to read as follows: ■ PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 40 CFR part 52 is amended as follows: 1. The authority citation for part 52 continues to read as follows: ■ § 52.1220 * Authority: 42 U.S.C. 7401 et seq. Identification of plan. * * (d) * * * * * EPA-APPROVED MINNESOTA SOURCE—SPECIFIC PERMITS Name of source * Flint Hills Resources Pine Bend, LLC.. * * * State effective date Permit No. * * 03700011–101 * * * * FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 18–699; MB Docket No. 18–43; RM– 11797] Radio Broadcasting Services; Connerville, Oklahoma Federal Communications Commission. ACTION: Final rule. AGENCY: * * Only conditions cited as ‘‘Title I Condition: 40 CFR Section 50.4(SO2 SIP); Title I Condition: 40 CFR 51; Title I Condition: 40 CFR pt. 52, subp. Y’’. At the request of The Chickasaw Nation, the Audio Division amends the FM Table of Allotments by allotting FM Channel 247A at Connerville, Oklahoma, as a Tribal Allotment and a first local Tribal-owned service to the community. A staff engineering analysis indicates that Channel 247A can be allotted at Connerville, Oklahoma, as proposed, consistent with the minimum distance separation requirements of the Commission’s rules with a site restriction 9.40 km (5.84 miles) southwest of the community. The reference coordinates are 34–25–00 NL and 96–43–53 WL. DATES: Effective August 20, 2018. FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk, Media Bureau, (202) 418–2700. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, MB Docket No. 18–43, adopted July 5, 2018, and released July 6, 2018. The full text of this Jkt 244001 * * List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. SUMMARY: amozie on DSK3GDR082PROD with RULES * * 7/18/2018, [Insert Federal Register citation]. Commission decision is available for inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street SW, Washington, DC 20554. The full text is also available online at https://apps.fcc.gov/ecfs/. This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. The Commission will send a copy of the Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). BILLING CODE 6560–50–P 17:26 Jul 17, 2018 1/13/2017 Comments * [FR Doc. 2018–15253 Filed 7–17–18; 8:45 am] VerDate Sep<11>2014 EPA approval date Federal Communications Commission. Nazifa Sawez, Assistant Chief, Audio Division, Media Bureau. * * Channel No. * * * * * Oklahoma * * * * Connerville ................................ * * * * * * * * * 247A * * [FR Doc. 2018–15309 Filed 7–17–18; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 RIN 0648–XG334 For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339. 2. In § 73.202(b), the table is amended under Oklahoma by adding Connerville, Channel 247A, in alphabetical order to read as follows: ■ § 73.202 * PO 00000 Table of Allotments. * * (b) * * * Frm 00054 * Fmt 4700 * Sfmt 4700 Pacific Island Pelagic Fisheries; False Killer Whale Take Reduction Plan; Closure of Southern Exclusion Zone National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; area closure; request for comments. AGENCY: NMFS is closing the Southern Exclusion Zone (SEZ) to deep-set longline fishing through December 31, 2018, for all vessels registered under the Hawaii longline limited access program, as a result of the fishery reaching the established annual trigger of two observed false killer whale mortalities or serious injuries (M&SI) in the fishery SUMMARY: E:\FR\FM\18JYR1.SGM 18JYR1 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations within the U.S. Exclusive Economic Zone (EEZ) around Hawaii. This action is necessary to comply with False Killer Whale Take Reduction Plan (Plan) regulations that establish the SEZ closure trigger and procedures to limit M&SI of false killer whales in the Hawaii deep-set longline fishery. Effective July 24, 2018, through December 31, 2018. NMFS must receive comments by August 17, 2018. DATES: You may submit comments on this document, identified by NOAA– NMFS–2018–0085, by either of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20180085. Click the ‘‘Comment Now’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), attention Kevin Brindock, amozie on DSK3GDR082PROD with RULES ADDRESSES: VerDate Sep<11>2014 17:26 Jul 17, 2018 Jkt 244001 Protected Resources, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818. Instructions: NMFS may not consider comments sent by any other method, to any other address or individual, or received after the end of the comment period. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). FOR FURTHER INFORMATION CONTACT: Kevin Brindock, Protected Resources, NMFS Pacific Islands Regional Office, 808–725–5146, kevin.brindock@ noaa.gov; or Kristy Long, NMFS Office of Protected Resources, 301–526–4792, kristy.long@noaa.gov. SUPPLEMENTARY INFORMATION: The False Killer Whale Take Reduction Plan (Plan) was implemented on December 31, PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 33849 2012, pursuant to section 118(f) of the Marine Mammal Protection Act (MMPA) to reduce the level of incidental M&SI of the Hawaii pelagic and Hawaii insular stocks of false killer whales in the Hawaii longline fisheries (77 FR 71260; November 29, 2012). The Plan, based on consensus recommendations from the False Killer Whale Take Reduction Team, included the creation of an SEZ that would be closed to deep-set longline fishing if a certain number (trigger) of false killer whale M&SI are observed in the deepset fishery in the EEZ. As described in the Plan regulations (50 CFR 229.37(d)(2)), the SEZ is bounded on the east at 154° 30′ W longitude, on the west at 165° W longitude, on the north by the boundaries of the Main Hawaiian Islands Longline Fishing Prohibited Area and Papahanaumokuakea Marine National Monument, and on the south by the EEZ boundary (see Fig. 1). The trigger for closing the SEZ is two observed false killer whale M&SI in the deep-set longline fishery. BILLING CODE 3510–22–P E:\FR\FM\18JYR1.SGM 18JYR1 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations amozie on DSK3GDR082PROD with RULES BILLING CODE 3510–22–C NMFS-certified fishery observers documented a total of four false killer whales hooked and released injured during deep-set trips in the U.S. EEZ, one each on February 8, May 23, May 24, and June 3, 2018. NMFS followed the procedures outlined in the final rule and criteria in the NMFS process for distinguishing serious from non-serious injuries of marine mammals (NMFS Policy Directive PD 02–238 and NMFS Instruction 02–238–01) to evaluate these injuries, and determined that all four were serious injuries. Therefore, NMFS has determined that the SEZ trigger (i.e., two M&SI) has been met, and closing the SEZ to deep-set longline fishing is required to comply with the Plan. In accordance with 50 CFR 229.37(e)(6), NMFS must publish notification that the SEZ will be closed to deep-set longline fishing beginning at a specified date, which is not earlier VerDate Sep<11>2014 17:26 Jul 17, 2018 Jkt 244001 than 7 days and not later than 15 days after the date of filing the closure notice for public inspection at the Office of the Federal Register, until the end of the fishing year in which the trigger is reached. During the closure, it is prohibited to fish using deep-set longline gear in the SEZ. This document serves as advance notification to fishermen, the fishing industry, and the general public that the SEZ will be closed to deep-set longline fishing from July 24, 2018, through December 31, 2018. NMFS will consider public comments on this temporary rule. NMFS must receive comments by the date provided in the DATES section, not postmarked or otherwise transmitted by this date. Classification There is good cause to waive prior notice and an opportunity for public comment on this action pursuant to 5 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 U.S.C. 553(b)(B). Providing an opportunity for prior notice and comment would be contrary to the public interest because the SEZ closure has been triggered by a second observed serious injury and mortality, and immediate closure of the SEZ is necessary for the remainder of 2018 to prevent additional mortalities or serious injuries, which may have unsustainable impacts on the Hawaii pelagic stock of the false killer whale. Furthermore, prior notice and comment is unnecessary because the take reduction plan final rule (77 FR 71259, November 29, 2012) that implements the procedure for closing the SEZ (codified at 50 CFR 229.37(d)(2) and (e)) has already been subject to an extensive public process, including the opportunity for prior notice and comment. All that remains is to notify the public of the second observed mortality and serious injury of E:\FR\FM\18JYR1.SGM 18JYR1 ER18JY18.006</GPH> 33850 Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Rules and Regulations a pelagic false killer whale resulting from commercial longline operations, and the longline closure of the SEZ for the remainder of the 2018 fishing year. Although this action is being implemented without the opportunity for prior notice and comment, NMFS is soliciting and will respond to public comments from those affected by or otherwise interested in this rule. The NOAA Assistant Administrator for Fisheries (AA) also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Failing to waive the 30-day delay in effectiveness would likely result in additional interactions and possible mortality and serious injuries to the Hawaii pelagic false killer whale stock. Under the MMPA, NMFS must reduce mortality and serious injury of marine mammal stocks protected by a take reduction plan regulations. This includes taking action to close the SEZ immediately upon a second observed mortality and serious injury resulting from commercial longlining in the EEZ. Accordingly, the SEZ closure must be implemented immediately to ensure compliance with the provisions of the MMPA and the take reduction plan regulations. Nevertheless, NMFS recognizes the need for fishermen to have time to haul their gear and relocate to areas outside of the SEZ; thus, NMFS makes this action effective 7 days after filing this document in the Federal Register. This action is required by 50 CFR 229.37(e)(3), and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1361 et seq. Dated: July 13, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018–15332 Filed 7–17–18; 8:45 am] amozie on DSK3GDR082PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 17:26 Jul 17, 2018 Jkt 244001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 180209155–8589–02] RIN 0648–BH77 International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Fishing Limits in Purse Seine and Longline Fisheries, Restrictions on the Use of Fish Aggregating Devices in Purse Seine Fisheries, and Transshipment Prohibitions National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: Under authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act), NMFS issues this final rule that establishes limits on fishing effort by U.S. purse seine vessels in the U.S. exclusive economic zone and on the high seas between the latitudes of 20° N and 20° S in the area of application of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (Convention); restrictions regarding the use of fish aggregating devices (FADs) for U.S. purse seine fishing vessels; limits on the catches of bigeye tuna by U.S. longline vessels in the Convention area; prohibitions on U.S. vessels used to fish for highly migratory species from engaging in transshipment in a particular area of the high seas (the Eastern High Seas Special Management Area or EHSSMA); and removal of existing reporting requirements for vessels transiting the EHSSMA. The rule also makes corrections to outdated cross references in existing regulatory text. This action is necessary to satisfy the obligations of the United States under the Convention, to which it is a Contracting Party. DATES: This rule is effective on July 18, 2018, except for the revised reporting requirements in 50 CFR 300.218(g), which contains information collection requirements that have not been approved by the Office of Management and Budget (OMB). NOAA will publish a document in the Federal Register announcing the effective date for the revised reporting requirements upon OMB approval. SUMMARY: PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 33851 Compliance dates: The compliance date for the amendment to 50 CFR 300.223(b), the FAD prohibition period, is July 18, 2018. The compliance date for the amendment to 50 CFR 300.225, the EHSSMA transshipment prohibition, is January 1, 2019. ADDRESSES: Copies of supporting documents prepared for this final rule, including the regulatory impact review (RIR), the 2015 programmatic environmental assessment (PEA), the 2012 environmental assessment, and supplemental information report (SIR) prepared for National Environmental Policy Act (NEPA) purposes, as well as the proposed rule (83 FR 21748; May 10, 2018), are available via the Federal e-rulemaking Portal, at www.regulations.gov (search for Docket ID NOAA–NMFS–2018–0050). Those documents are also available from NMFS at the following address: Michael D. Tosatto, Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 1845 Wasp Blvd., Building 176, Honolulu, HI 96818. A final regulatory flexibility analysis (FRFA) prepared under authority of the Regulatory Flexibility Act is included in the Classification section of the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS PIRO, 808–725–5033. SUPPLEMENTARY INFORMATION: On May 10, 2018, NMFS published a proposed rule in the Federal Register (83 FR 21748). The proposed rule was open for public comment until May 25, 2018. This final rule is issued under the authority of the Western and Central Pacific Fisheries Convention Implementation Act (WCPFC Implementation Act) (16 U.S.C. 6901 et seq.), which authorizes the Secretary of Commerce, in consultation with the Secretary of State and the Secretary of the Department in which the United States Coast Guard is operating (currently the Department of Homeland Security), to promulgate such regulations as may be necessary to carry out the obligations of the United States under the Convention, including the decisions of the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC or Commission). The WCPFC Implementation Act further provides that the Secretary of Commerce shall ensure consistency, to the extent practicable, of fishery management programs administered under the WCPFC Implementation Act and the Magnuson-Stevens Fishery Conservation and Management Act E:\FR\FM\18JYR1.SGM 18JYR1

Agencies

[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Rules and Regulations]
[Pages 33848-33851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15332]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

RIN 0648-XG334


Pacific Island Pelagic Fisheries; False Killer Whale Take 
Reduction Plan; Closure of Southern Exclusion Zone

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

ACTION: Temporary rule; area closure; request for comments.

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SUMMARY: NMFS is closing the Southern Exclusion Zone (SEZ) to deep-set 
longline fishing through December 31, 2018, for all vessels registered 
under the Hawaii longline limited access program, as a result of the 
fishery reaching the established annual trigger of two observed false 
killer whale mortalities or serious injuries (M&SI) in the fishery

[[Page 33849]]

within the U.S. Exclusive Economic Zone (EEZ) around Hawaii. This 
action is necessary to comply with False Killer Whale Take Reduction 
Plan (Plan) regulations that establish the SEZ closure trigger and 
procedures to limit M&SI of false killer whales in the Hawaii deep-set 
longline fishery.

DATES: Effective July 24, 2018, through December 31, 2018.
    NMFS must receive comments by August 17, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0085, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0085. Click the 
``Comment Now'' icon, complete the required fields, and enter or attach 
your comments.
     Mail: Submit written comments to Michael D. Tosatto, 
Regional Administrator, NMFS Pacific Islands Region (PIR), attention 
Kevin Brindock, Protected Resources, 1845 Wasp Blvd., Bldg. 176, 
Honolulu, HI 96818.
    Instructions: NMFS may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Kevin Brindock, Protected Resources, 
NMFS Pacific Islands Regional Office, 808-725-5146, 
[email protected]; or Kristy Long, NMFS Office of Protected 
Resources, 301-526-4792, [email protected].

SUPPLEMENTARY INFORMATION: The False Killer Whale Take Reduction Plan 
(Plan) was implemented on December 31, 2012, pursuant to section 118(f) 
of the Marine Mammal Protection Act (MMPA) to reduce the level of 
incidental M&SI of the Hawaii pelagic and Hawaii insular stocks of 
false killer whales in the Hawaii longline fisheries (77 FR 71260; 
November 29, 2012). The Plan, based on consensus recommendations from 
the False Killer Whale Take Reduction Team, included the creation of an 
SEZ that would be closed to deep-set longline fishing if a certain 
number (trigger) of false killer whale M&SI are observed in the deep-
set fishery in the EEZ. As described in the Plan regulations (50 CFR 
229.37(d)(2)), the SEZ is bounded on the east at 154[deg] 30' W 
longitude, on the west at 165[deg] W longitude, on the north by the 
boundaries of the Main Hawaiian Islands Longline Fishing Prohibited 
Area and Papahanaumokuakea Marine National Monument, and on the south 
by the EEZ boundary (see Fig. 1). The trigger for closing the SEZ is 
two observed false killer whale M&SI in the deep-set longline fishery.

BILLING CODE 3510-22-P

[[Page 33850]]

[GRAPHIC] [TIFF OMITTED] TR18JY18.006

BILLING CODE 3510-22-C
    NMFS-certified fishery observers documented a total of four false 
killer whales hooked and released injured during deep-set trips in the 
U.S. EEZ, one each on February 8, May 23, May 24, and June 3, 2018. 
NMFS followed the procedures outlined in the final rule and criteria in 
the NMFS process for distinguishing serious from non-serious injuries 
of marine mammals (NMFS Policy Directive PD 02-238 and NMFS Instruction 
02-238-01) to evaluate these injuries, and determined that all four 
were serious injuries. Therefore, NMFS has determined that the SEZ 
trigger (i.e., two M&SI) has been met, and closing the SEZ to deep-set 
longline fishing is required to comply with the Plan.
    In accordance with 50 CFR 229.37(e)(6), NMFS must publish 
notification that the SEZ will be closed to deep-set longline fishing 
beginning at a specified date, which is not earlier than 7 days and not 
later than 15 days after the date of filing the closure notice for 
public inspection at the Office of the Federal Register, until the end 
of the fishing year in which the trigger is reached. During the 
closure, it is prohibited to fish using deep-set longline gear in the 
SEZ.
    This document serves as advance notification to fishermen, the 
fishing industry, and the general public that the SEZ will be closed to 
deep-set longline fishing from July 24, 2018, through December 31, 
2018.
    NMFS will consider public comments on this temporary rule. NMFS 
must receive comments by the date provided in the DATES section, not 
postmarked or otherwise transmitted by this date.

Classification

    There is good cause to waive prior notice and an opportunity for 
public comment on this action pursuant to 5 U.S.C. 553(b)(B). Providing 
an opportunity for prior notice and comment would be contrary to the 
public interest because the SEZ closure has been triggered by a second 
observed serious injury and mortality, and immediate closure of the SEZ 
is necessary for the remainder of 2018 to prevent additional 
mortalities or serious injuries, which may have unsustainable impacts 
on the Hawaii pelagic stock of the false killer whale. Furthermore, 
prior notice and comment is unnecessary because the take reduction plan 
final rule (77 FR 71259, November 29, 2012) that implements the 
procedure for closing the SEZ (codified at 50 CFR 229.37(d)(2) and (e)) 
has already been subject to an extensive public process, including the 
opportunity for prior notice and comment. All that remains is to notify 
the public of the second observed mortality and serious injury of

[[Page 33851]]

a pelagic false killer whale resulting from commercial longline 
operations, and the longline closure of the SEZ for the remainder of 
the 2018 fishing year. Although this action is being implemented 
without the opportunity for prior notice and comment, NMFS is 
soliciting and will respond to public comments from those affected by 
or otherwise interested in this rule.
    The NOAA Assistant Administrator for Fisheries (AA) also finds good 
cause to waive the 30-day delay in the effectiveness of this action 
under 5 U.S.C. 553(d)(3). Failing to waive the 30-day delay in 
effectiveness would likely result in additional interactions and 
possible mortality and serious injuries to the Hawaii pelagic false 
killer whale stock. Under the MMPA, NMFS must reduce mortality and 
serious injury of marine mammal stocks protected by a take reduction 
plan regulations. This includes taking action to close the SEZ 
immediately upon a second observed mortality and serious injury 
resulting from commercial longlining in the EEZ. Accordingly, the SEZ 
closure must be implemented immediately to ensure compliance with the 
provisions of the MMPA and the take reduction plan regulations. 
Nevertheless, NMFS recognizes the need for fishermen to have time to 
haul their gear and relocate to areas outside of the SEZ; thus, NMFS 
makes this action effective 7 days after filing this document in the 
Federal Register.
    This action is required by 50 CFR 229.37(e)(3), and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1361 et seq.

    Dated: July 13, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-15332 Filed 7-17-18; 8:45 am]
 BILLING CODE 3510-22-P