[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Proposed Rules]
[Pages 27305-27306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12554]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 180202124-8124-01]
RIN 0648-BH59


International Fisheries; Eastern Pacific Tuna Fisheries; Western 
and Central Pacific Fisheries for Highly Migratory Species; Area of 
Overlap Between the Convention Areas of the Inter-American Tropical 
Tuna Commission and the Western and Central Pacific Fisheries 
Commission

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

ACTION: Advance notice of proposed rulemaking; request for comments.

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SUMMARY: NMFS is considering whether to continue, or to revise, the 
management regime for fishing vessels that target tuna and other highly 
migratory fish species (HMS) in the area of overlapping jurisdiction 
between the Inter-American Tropical Tuna Commission (IATTC) and the 
Commission for the Conservation and Management of Highly Migratory Fish 
Stocks in the Western and Central Pacific Ocean (WCPFC) in the tropical 
Pacific Ocean. To that end, we are issuing this advance notice of 
proposed rulemaking to seek public input about whether U.S. fishing 
vessels fishing in that area should be governed by conservation 
measures adopted by IATTC or conservation measures adopted by WCPFC.

DATES: Comments on this advance notice of proposed rulemaking must be 
submitted in writing by July 12, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0049, by any of the following methods:
    <bullet> Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0049, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    <bullet> Mail: Submit written comments to Michael D. Tosatto, 
Regional Administrator, NMFS, Pacific Islands Regional Office, 1845 
Wasp Blvd., Building 176, Honolulu, HI 96818.
    <bullet> Fax: (808) 725-5215; Attn: Michael D. Tosatto, Regional 
Administrator, NMFS, Pacific Islands Regional Office.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
might not be considered by NMFS. 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 and address), 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).

SUPPLEMENTARY INFORMATION:

Background

    The United States is a member of both the IATTC and WCPFC. The 
convention areas for the IATTC and WCPFC overlap in the Pacific Ocean 
waters within a rectangular area bounded by 50[deg] S latitude, 
150[deg] W longitude, 130[deg] W longitude, and 4[deg] S latitude 
(``overlap area''). Historically, regulations implementing the 
conservation measures adopted by the IATTC (see 50

[[Page 27306]]

CFR part 300, subpart C) and the WCPFC (see 50 CFR part 300, subpart O) 
both applied to U.S. vessels fishing for HMS in the overlap area. In 
2012, the IATTC and the WCPFC adopted recommendations/decisions that 
provide that each member belonging to both commissions is to decide, 
for a period of not less than 3 years, whether IATTC or WCPFC 
conservation and management measures will apply to vessels of that 
member listed in both WCPFC Record of Fishing Vessels (record) and 
IATTC Regional Vessel Register List (register) while fishing in the 
overlap area.
    In accordance with the WCPFC decision and IATTC recommendation 
regarding the overlap area, NMFS issued a final rule on April 26, 2016 
(see 81 FR 24501, effective May 26, 2016; hereafter ``2016 final 
rule''), excluding the overlap area from the description of the IATTC 
Convention Area for the purpose of the regulations implementing 
conservation measures of the IATTC (50 CFR part 300, subpart C), except 
that IATTC Regional Vessel Register regulations at 50 CFR 300.22(b) 
continue to apply in the overlap area. Under the 2016 final rule 
regulations implementing conservation measures of the WCPFC continue to 
apply in the overlap area to vessels of all gear types listed in both 
WCPFC record and IATTC register. The requirement for U.S. vessels that 
fish for tuna and other HMS to be listed on the IATTC Regional Vessel 
Register continues to apply in the overlap area because the IATTC 
Regional Vessel Register is used to implement the Agreement on the 
International Dolphin Conservation Program (AIDCP), which is a separate 
international agreement that applies to purse seine vessels that fish 
in the eastern Pacific, including the overlap area. The AIDCP has not 
adopted a decision that would allow the United States to exempt vessels 
from AIDCP requirements even if only WCPFC requirements apply in the 
overlap area.
    Before the 2016 final rule was issued, NMFS evaluated the expected 
impacts of the rule by reviewing fishing activity in the overlap area 
and concluded that U.S. vessels did not often fish for HMS in the 
overlap area. The rule simplified regulations for U.S. vessels fishing 
in the area because, aside from the IATTC Regional Vessel Register 
requirements, affected vessels would be required to follow only the 
measures of the WCPFC rather than those of both the WCPFC and the 
IATTC.

Advance Notice of Proposed Rulemaking

    NMFS implements decisions of the WCPFC under the authority of the 
Western and Central Pacific Fisheries Convention Implementation Act (16 
U.S.C. 6901 et seq.), and decisions of the IATTC under the authority of 
the Tuna Conventions Act (16 U.S.C. 951 et seq.). In the preamble to 
the 2016 final rule, NMFS indicated that within the next 3 years, it 
may reevaluate the spatial distribution of fishing effort by U.S. 
fishing vessels fishing under the IATTC and WCPFC Conventions, 
especially with respect to the differences and similarities between 
fishing in the eastern Pacific Ocean (EPO) and the western and central 
Pacific Ocean (WCPO).
    NMFS seeks to better understand the effects of the 2016 final rule 
and the potential effects of applying the IATTC versus the WCPFC 
management measures for the overlap area. NMFS is interested in public 
comment on whether and, if so, how fishing effort by U.S. vessels 
fishing under the IATTC and WCPFC convention areas has changed since 
the 2016 final rule was issued and whether and how fishing effort might 
change in the foreseeable future. NMFS is interested in receiving any 
information, including but not limited to the impacts of the 2016 final 
rule on the fishing patterns of U.S.-flagged fishing vessels, their 
costs of fishing, the expected locations of fishing grounds in the 
foreseeable future, particularly with respect to the WCPO versus the 
EPO, and the expected costs to U.S. fishing businesses of applying 
IATTC versus WCPFC management measures to the overlap area.
    This advance notice of proposed rulemaking solicits information 
from the public that would be useful in evaluating the effects of the 
IATTC versus the WCPFC management measures for the overlap area. If 
warranted by the findings of this examination, NMFS may propose re-
applying IATTC management measures in the overlap area while removing 
WCPFC management measures.

Classification

    This advance notice of proposed rulemaking has been determined to 
be not significant for the purposes of Executive Order 12866.

    Authority: 16 U.S.C. 6901 et seq., 16 U.S.C. 951 et seq.

    Dated: June 6, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-12554 Filed 6-11-18; 8:45 am]
 BILLING CODE 3510-22-P