International Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Reopening and Closing of the Purse Seine Fishery in the ELAPS in 2019, 65690 [2019-25780]
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65690
Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 190220141–9141–01]
RIN 0648–XP004
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Reopening and
Closing of the Purse Seine Fishery in
the ELAPS in 2019
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; fishery
reopening; fishery closure.
AGENCY:
NMFS is temporarily
reopening the U.S. purse seine fishery
in the Effort Limit Area for Purse Seine,
or ELAPS, for ten calendar days because
part of the fishing effort limit remains
after NMFS closed the fishery effective
October 9, 2019 (see 84 FR 52035;
October 1, 2019). This action will allow
U.S. purse seine vessels to access the
remainder of the fishing effort limit
specified by the Commission for the
Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(WCPFC or Commission) in
Conservation and Management Measure
(CMM) 2018–01, ‘‘Conservation and
Management Measure for Bigeye,
Yellowfin, and Skipjack Tuna in the
Western and Central Pacific Ocean.’’
DATES: The reopening is effective 00:00
on November 29, 2019, Universal
Coordinated Time (UTC), until 24:00 on
December 9, 2019, UTC.
FOR FURTHER INFORMATION CONTACT: Rini
Ghosh, NMFS Pacific Islands Regional
Office, 808–725–5033.
SUPPLEMENTARY INFORMATION: U.S. purse
seine fishing 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), or
Convention Area, is managed, in part,
under the Western and Central Pacific
Fisheries Convention Implementation
Act, 16 U.S.C. 6901 et seq. (Act).
Regulations implementing the Act are at
50 CFR part 300, subpart O. On behalf
of the Secretary of Commerce, NMFS
promulgates regulations under the Act
as may be necessary to carry out the
obligations of the United States under
the Convention, to which it is a
Contracting Party, including
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:44 Nov 27, 2019
Jkt 250001
implementation of the decisions of the
Commission.
Pursuant to WCPFC CMM 2018–01,
NMFS issued regulations that
established a limit of 1,616 fishing days
that may be used by U.S. purse seine
fishing vessels in the ELAPS in calendar
year 2019 (see interim rule at 84 FR
37145, published July 31, 2019, codified
at 50 CFR 300.223). The ELAPS consists
of the areas of the U.S. Exclusive
Economic Zone and the high seas that
are in the Convention Area between the
latitudes of 20° N and 20° S (see
definition at 50 CFR 300.211). A fishing
day means any day in which a fishing
vessel of the United States equipped
with purse seine gear searches for fish,
deploys a fish aggregating device (FAD),
services a FAD, or sets a purse seine,
with the exception of setting a purse
seine solely for the purpose of testing or
cleaning the gear and resulting in no
catch (see definition at 50 CFR 300.211).
Based on data submitted in logbooks
and other available information, NMFS
expected that the 2019 limit of 1,616
fishing days in the ELAPS would be
reached and, in accordance with the
procedures established at 50 CFR
300.223(a), closed the purse seine
fishery in the ELAPS through a
temporary rule effective 00:00 on
October 9, 2019 UTC through December
31, 2019 (84 FR 52035; October 1, 2019).
After the closure went into effect and
the data for the days leading up to the
closure were obtained, NMFS
determined that 64 fishing days of the
2019 calendar year limit remain.
Therefore, NMFS is publishing this
temporary rule to reopen the purse seine
fishery in the ELAPS for a limited
period of time so that the remainder of
the limit may be used. All fishing under
the remaining limit must be done in
accordance with the regulations at 50
CFR 300.223 and any other applicable
regulations.
To determine the number of calendar
days to reopen the fishery, NMFS used
the fishing rate (i.e., the number of
fishing days used by the entire U.S.
purse seine fleet per calendar day) in
the period just prior to the October 9,
2019, closure, modified to account for
changes in fleet size. In the 14 days
prior to the closure, the fishing rate in
the ELAPS was 8.0 fishing days used by
the entire U.S. purse seine fleet per
calendar day. However, the U.S. purse
seine fleet has since been reduced in
size by three vessels, and there is
potential for additional U.S. purse seine
vessels to leave the fleet prior to the
ELAPS being reopened. Assuming a 20
percent reduction in the fishing rate in
the ELAPS due to the reductions in fleet
size, NMFS estimates 6.4 fishing days
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
will be used by the entire U.S. purse
seine fleet per calendar day during the
reopening of the ELAPS (i.e., 8.0 fishing
days per calendar day reduced by 20
percent is 6.4 fishing days per calendar
day, and 64 fishing days divided by 6.4
fishing days per calendar day is 10
calendar days). Based on this analysis,
NMFS is reopening the fishery for 10
calendar days.
Classification
There is good cause under 5 U.S.C.
553(b)(B) to waive prior notice and
opportunity for public comment on this
action. Compliance with the notice and
comment requirement would be
impracticable, unnecessary, and
contrary to the public interest because
this action is simply a correction to a
premature closure and is a benefit to
fishermen since they cannot currently
access the fishery. NMFS solicited
public comments on the interim final
rule establishing the 2019 limit of 1,616
fishing days in the ELAPS and will be
responding to those comments in a
subsequent final rule. For the same
reasons, there is good cause under 5
U.S.C. 553(d)(3) to establish an effective
date less than 30 days after the date of
publication of this notice.
This action is taken under 50 CFR
300.223(a) is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 6901 et seq.
Dated: November 22, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–25780 Filed 11–27–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 191125–0090]
RTID 0648–XT004
Atlantic Highly Migratory Species;
2020 Atlantic Shark Commercial
Fishing Year
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; fishing season
notification.
AGENCY:
This final rule establishes the
2020 opening date for all Atlantic shark
fisheries, including the fisheries in the
Gulf of Mexico and Caribbean. This
SUMMARY:
E:\FR\FM\29NOR1.SGM
29NOR1
Agencies
[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Page 65690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25780]
[[Page 65690]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 190220141-9141-01]
RIN 0648-XP004
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Reopening and Closing of the Purse Seine
Fishery in the ELAPS in 2019
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; fishery reopening; fishery closure.
-----------------------------------------------------------------------
SUMMARY: NMFS is temporarily reopening the U.S. purse seine fishery in
the Effort Limit Area for Purse Seine, or ELAPS, for ten calendar days
because part of the fishing effort limit remains after NMFS closed the
fishery effective October 9, 2019 (see 84 FR 52035; October 1, 2019).
This action will allow U.S. purse seine vessels to access the remainder
of the fishing effort limit specified by the Commission for the
Conservation and Management of Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean (WCPFC or Commission) in Conservation
and Management Measure (CMM) 2018-01, ``Conservation and Management
Measure for Bigeye, Yellowfin, and Skipjack Tuna in the Western and
Central Pacific Ocean.''
DATES: The reopening is effective 00:00 on November 29, 2019, Universal
Coordinated Time (UTC), until 24:00 on December 9, 2019, UTC.
FOR FURTHER INFORMATION CONTACT: Rini Ghosh, NMFS Pacific Islands
Regional Office, 808-725-5033.
SUPPLEMENTARY INFORMATION: U.S. purse seine fishing 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), or Convention Area, is managed, in part, under the
Western and Central Pacific Fisheries Convention Implementation Act, 16
U.S.C. 6901 et seq. (Act). Regulations implementing the Act are at 50
CFR part 300, subpart O. On behalf of the Secretary of Commerce, NMFS
promulgates regulations under the Act as may be necessary to carry out
the obligations of the United States under the Convention, to which it
is a Contracting Party, including implementation of the decisions of
the Commission.
Pursuant to WCPFC CMM 2018-01, NMFS issued regulations that
established a limit of 1,616 fishing days that may be used by U.S.
purse seine fishing vessels in the ELAPS in calendar year 2019 (see
interim rule at 84 FR 37145, published July 31, 2019, codified at 50
CFR 300.223). The ELAPS consists of the areas of the U.S. Exclusive
Economic Zone and the high seas that are in the Convention Area between
the latitudes of 20[deg] N and 20[deg] S (see definition at 50 CFR
300.211). A fishing day means any day in which a fishing vessel of the
United States equipped with purse seine gear searches for fish, deploys
a fish aggregating device (FAD), services a FAD, or sets a purse seine,
with the exception of setting a purse seine solely for the purpose of
testing or cleaning the gear and resulting in no catch (see definition
at 50 CFR 300.211).
Based on data submitted in logbooks and other available
information, NMFS expected that the 2019 limit of 1,616 fishing days in
the ELAPS would be reached and, in accordance with the procedures
established at 50 CFR 300.223(a), closed the purse seine fishery in the
ELAPS through a temporary rule effective 00:00 on October 9, 2019 UTC
through December 31, 2019 (84 FR 52035; October 1, 2019). After the
closure went into effect and the data for the days leading up to the
closure were obtained, NMFS determined that 64 fishing days of the 2019
calendar year limit remain. Therefore, NMFS is publishing this
temporary rule to reopen the purse seine fishery in the ELAPS for a
limited period of time so that the remainder of the limit may be used.
All fishing under the remaining limit must be done in accordance with
the regulations at 50 CFR 300.223 and any other applicable regulations.
To determine the number of calendar days to reopen the fishery,
NMFS used the fishing rate (i.e., the number of fishing days used by
the entire U.S. purse seine fleet per calendar day) in the period just
prior to the October 9, 2019, closure, modified to account for changes
in fleet size. In the 14 days prior to the closure, the fishing rate in
the ELAPS was 8.0 fishing days used by the entire U.S. purse seine
fleet per calendar day. However, the U.S. purse seine fleet has since
been reduced in size by three vessels, and there is potential for
additional U.S. purse seine vessels to leave the fleet prior to the
ELAPS being reopened. Assuming a 20 percent reduction in the fishing
rate in the ELAPS due to the reductions in fleet size, NMFS estimates
6.4 fishing days will be used by the entire U.S. purse seine fleet per
calendar day during the reopening of the ELAPS (i.e., 8.0 fishing days
per calendar day reduced by 20 percent is 6.4 fishing days per calendar
day, and 64 fishing days divided by 6.4 fishing days per calendar day
is 10 calendar days). Based on this analysis, NMFS is reopening the
fishery for 10 calendar days.
Classification
There is good cause under 5 U.S.C. 553(b)(B) to waive prior notice
and opportunity for public comment on this action. Compliance with the
notice and comment requirement would be impracticable, unnecessary, and
contrary to the public interest because this action is simply a
correction to a premature closure and is a benefit to fishermen since
they cannot currently access the fishery. NMFS solicited public
comments on the interim final rule establishing the 2019 limit of 1,616
fishing days in the ELAPS and will be responding to those comments in a
subsequent final rule. For the same reasons, there is good cause under
5 U.S.C. 553(d)(3) to establish an effective date less than 30 days
after the date of publication of this notice.
This action is taken under 50 CFR 300.223(a) is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 6901 et seq.
Dated: November 22, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-25780 Filed 11-27-19; 8:45 am]
BILLING CODE 3510-22-P