[Federal Register Volume 75, Number 93 (Friday, May 14, 2010)]
[Rules and Regulations]
[Pages 27216-27217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11348]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 090130104-91027-02]
RIN 0648-XW12


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Fishing Restrictions and Observer 
Requirements in Purse Seine Fisheries for 2009-2011

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

ACTION: Rule; announcement of date of applicability.

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SUMMARY: NMFS announces that the catch retention requirements for U.S. 
purse seine fishing vessels operating 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 Area) will 
be applicable from 00:00 on June 14, 2010, Universal Coordinated Time 
(UTC). In accordance with regulations, the requirements will be 
applicable until 24:00 on December 31, 2011, UTC, or until nullified by 
a notification in the Federal Register. This action is being taken to 
implement, for U.S. fishing vessels, the catch retention measures 
adopted by the Commission for the Conservation and Management of Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean (WCPFC) 
at its regular annual session in December 2008. The action will have 
the effect of requiring that U.S. purse seine vessels do not discard 
any bigeye tuna, yellowfin tuna, or skipjack tuna at sea within the 
Convention Area, except in certain specified circumstances.

DATES: The date of applicability of 50 CFR 300.223(d) is 00:00 on June 
14, 2010, UTC, and the requirements of that paragraph will be 
applicable until 24:00 on December 31, 2011, UTC, or until nullified by 
a notification in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands 
Regional Office, 808-944-2219.

SUPPLEMENTARY INFORMATION: Regulations at 50 CFR 300.223(d)(1) provide 
for NMFS to publish a notification in the Federal Register announcing 
the ``effective date'' of the catch retention requirements set forth at 
50 CFR 300.223(d)(3), which apply to U.S. fishing vessels equipped with 
purse seine gear operating in the Convention Area. The phrase 
``effective date'' as used in 50 CFR 300.223(d) is synonymous with the 
``date of applicability'' in this notice of the catch retention 
requirements. The term ``date of applicability'' is used here to 
clarify that the regulation, including 50 CFR 300.223(d)(1), became 
effective (but not yet applicable) on August 3, 2009. The regulations 
at 50 CFR 300.223(d) establish the catch retention requirements adopted 
by the WCPFC. The notification by NMFS is to be based on NMFS' 
determination as to whether an adequate number of WCPFC observers is 
available for the purse seine vessels of all members of the WCPFC as 
necessary to ensure compliance by such vessels with the catch retention 
requirements established by the WCPFC. Based upon information provided 
by the WCPFC Secretariat, NMFS has determined that an adequate number 
of WCPFC observers is currently available for placement aboard purse 
seine vessels of all WCPFC members. Accordingly, NMFS announces through 
this document that the date of applicability of the catch retention 
requirements is 00:00 on June 14, 2010, UTC. In accordance with 50 CFR 
300.223(d)(3), the requirements will be applicable until 24:00 on 
December 31, 2011, UTC, or until they are nullified by a notification 
in the Federal Register pursuant to 50 CFR 300.223(d)(2).
    Further information about the Convention, the catch retention 
requirements established by the WCPFC, and the basis for the catch 
retention requirements for U.S. fishing vessels set forth at 50 CFR 
300.223(d) can be found in the proposed and final rules to establish 
the requirements for U.S. fishing vessels (74 FR 26160, June 1, 2009; 
and 74 FR 38544, August 4, 2009; respectively).

[[Page 27217]]

Classification

    This action is required by 50 CFR 300.223(d) and is exempt from 
review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), the NMFS Assistant Administrator 
for Fisheries finds good cause to waive the requirement to provide 
prior notice and an opportunity for public comment on this action, as 
such procedures would be unnecessary and contrary to the public 
interest. Such procedures would be unnecessary as NMFS provided prior 
notice and an opportunity for public comment on the regulations 
establishing the criteria for implementing the catch retention 
requirement (proposed rule published at 74 FR 26160, June 1, 2009, and 
final rule published at 74 FR 38544, August 4, 2009), and all that 
remains is to notify the public of the date of applicability of the 
requirement. In addition, prior notice and comment would be contrary to 
the public interest because it would unnecessarily delay implementation 
of the catch retention requirement, an international obligation of the 
United States under the Convention, after a determination that there is 
a sufficient number of observers for placement aboard purse seine 
vessels of WCPFC members.

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

    Dated: May 7, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2010-11348 Filed 5-13-10; 8:45 am]
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