[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)]
[Rules and Regulations]
[Pages 45514-45516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20950]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 170815764-7877-01]
RIN 0648-BH12


International Fisheries; Pacific Tuna Fisheries; Revised 2017 
Fishing Restrictions for Tropical Tuna in the Eastern Pacific Ocean

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

ACTION: Final rule.

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SUMMARY: NMFS is issuing regulations under the Tuna Conventions Act to 
implement amendments to Resolution C-17-01 (Conservation of Tuna in the 
Eastern Pacific Ocean During 2017) per 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 by the 
Inter-American Tropical Tuna Commission (IATTC or Commission) in July 
2017. Applicable to the purse seine fleet fishing for tropical tunas 
(bigeye, yellowfin, and skipjack tuna) in the eastern Pacific Ocean 
(EPO) and only for the remainder of the 2017 calendar year, the 
amendments to Resolution C-17-01 remove the total allowable catches 
(TACs) for bigeye tuna (BET) and yellowfin tuna (YFT), and replace them 
with an extension in the purse seine closure period from 62 days to 72 
days. Additionally, to ensure that the time/area closure, known as the 
corralito, does not overlap with the extended closure periods, the 
amendments also shift the dates for the corralito closure. This 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 final rule is effective September 29, 2017.

ADDRESSES: Copies of supporting documents that were prepared for this 
final rule, including the regulatory impact review (RIR) are available 
via the Federal e-Rulemaking Portal: http://www.regulations.gov, docket 
NOAA-NMFS-2017-0024 or contact with the Regional Administrator, Barry 
A. Thom, NMFS West Coast Region, 1201 NE Lloyd Blvd., Suite 1100, 
Portland, OR 97232-1274, or <a href="/cdn-cgi/l/email-protection#267443414f4948474a67424b4f484f55525447524954087165746e6b75664849474708414950"><span class="__cf_email__" data-cfemail="431126242a2c2d222f02272e2a2d2a30373122372c316d1400110b0e10032d2c22226d242c35">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Taylor Debevec, NMFS at 562-980-4066.

SUPPLEMENTARY INFORMATION: 

Background on the IATTC

    The United States is a member of the IATTC, which was established 
under the 1949 Convention for the Establishment of an Inter-American 
Tropical Tuna Commission. In 2003, the IATTC took the first step to 
dramatically revise the 1949 Convention by adopting the Convention for 
the Strengthening of the IATTC Established by the 1949 Convention 
between the United States of America and the Republic of Costa Rica 
(Antigua Convention), which did not enter into force until 2010 when 
the requite number of members agreed to the revisions. After the 
Antigua Convention had entered into force in 2010, the United States 
acceded to the Antigua Convention on February 24, 2016. The full text 
of the Antigua Convention is available at: https://www.iattc.org/PDFFiles2/Antigua_Convention_Jun_2003.pdf.
    The IATTC consists of 21 member nations and four cooperating non-
member nations and facilitates scientific research into, as well as the 
conservation and management of, tuna and tuna-like species in the IATTC 
Convention Area. The IATTC Convention Area is defined as waters of the 
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. 
The IATTC maintains a scientific research and fishery monitoring 
program and regularly assesses the status of tuna, sharks, and billfish 
stocks in the EPO to determine appropriate catch limits and other 
measures deemed necessary to promote sustainable fisheries and prevent 
the overexploitation of these stocks.

International Obligations of the United States Under the Antigua 
Convention

    As a Party to the Antigua Convention and a member of the IATTC, the 
United States is legally bound to implement decisions of the IATTC. The 
Tuna Conventions Act (16 U.S.C. 951 et seq.) directs the Secretary of 
Commerce, in consultation with the Secretary of State

[[Page 45515]]

and, with respect to enforcement measures, the U.S. Coast Guard, to 
promulgate such regulations as may be necessary to carry out the United 
States' obligations under the Antigua Convention, including 
recommendations and decisions adopted by the IATTC. The authority of 
the Secretary of Commerce to promulgate such regulations has been 
delegated to NMFS.

IATTC Resolution on Tropical Tuna Conservation

    The IATTC adopted Resolution C-17-02 by consensus at its 92nd 
meeting in July 2017. While the Resolution contains management measures 
for tropical tuna in the Convention Area for 2018-2020, it also 
contains amendments to C-17-01, which is applicable in 2017 only. The 
measures for 2018-2020 will be implemented in a different rulemaking. 
In contrast, this rule implements only the amendments to C-17-01 
because they are applicable immediately and therefore need to be 
expeditiously implemented.
    The IATTC adopted Resolution C-17-01 in February 2017. C-17-01 
included a provision not previously utilized in recent IATTC 
resolutions: Convention Area-wide TACs for yellowfin and bigeye tuna 
caught by purse seine vessels. As the 92nd Meeting of the IATTC 
approached in July 2017, the purse seine catch levels were monitored by 
the IATTC staff, who notified the IATTC that the TAC for class size 4 
to 6 purse seine vessels fishing on floating objects (97,711 metric 
tons) was near its limit. Due to the negative impacts an August closure 
would have on several countries, the Commission formulated an 
alternative solution that would relieve those social-financial impacts 
to industry while still protecting the stocks from overfishing. The 
IATTC scientific staff analyzed the conservation benefit of various 
alternatives for 2017 management of tropical tunas and recommended, as 
they had during previous meetings, extending the 62-day purse seine 
closure period.
    Accordingly, the Commission agreed to amend C-17-01 to eliminate 
the TACs and extend the two closure period options from 62 days to 72 
days. Two additional provisions of the amendment include:
    <bullet> Allowing vessels that harvest tunas by encircling dolphins 
\1\ to fish with that method during the 10-day extension of the closure 
period (because the separate TAC for that fishery was not close to 
being reached at the time of agreement to Resolution C-17-02), and
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    \1\ Some tuna fishing vessels in the Eastern Tropical Pacific 
Ocean intentionally chase pods of dolphin that are swimming along 
the ocean surface and set their nets around the dolphins in order to 
harvest the yellowfin tuna swimming beneath the dolphins. This 
practice is lawful and regulated.
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    <bullet> shifting the dates of the time/area closure known as the 
corralito so that it does not overlap with the new dates of the closure 
periods.
    Most provisions of Resolution C-17-01 remain unchanged by the 
amendments, including: Full retention of tropical tunas on purse seine 
vessels, an opportunity to apply for exemption to the purse seine 
closure periods due to force majeure, and a country-specific bigeye 
tuna catch limit for longline vessels greater than 24 meters in length.

Final Regulations--Tuna Conservation Measures for 2017

    This final rule is implemented under the Tuna Conventions Act (16 
U.S.C. 951 et seq.), as amended on November 5, 2015, by title II of 
Public Law 114-81.
    This rule removes the two TACs for yellowfin and bigeye tuna 
codified at 50 CFR 300.25(d): Class size 4 to 6 purse seine vessels 
that fish on floating objects--97,711 mt, and class size 6 vessels 
fishing in association (chasing and encircling) with dolphins--162,182 
mt. Under 50 CFR 300.25(e), the two closure period options for class 4 
to 6 purse seine vessels (each vessel must choose only one by which it 
will abide) are extended from 62 days to 72 days as follows: July 29, 
2017-October 8, 2017, or November 9, 2017-January 19, 2018. Purse seine 
vessels with a dolphin mortality limit may fish during the 10 days that 
are being added to the extended closure period they are observing, 
provided the vessels are not used to make sets on floating objects 
during those 10 days. Those periods are respectively September 29, 
2017-October 8, 2017, or November 9, 2017-November 18, 2017. Lastly, 
the corralito area remains unchanged, but the dates of the closure are 
shifted to October 9, 2017-November 8, 2017.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the Tuna Conventions Act of 1950 and other 
applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    There are no new collection-of-information requirements associated 
with this action that are subject to the Paperwork Reduction Act (PRA), 
and the existing collection-of-information requirements still apply 
under Control Number 0648-0387. Notwithstanding any other provision of 
the law, no person is required to respond to, and no person shall be 
subject to 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: http://www.cio.noaa.gov/services_programs/prasubs.html.
    The Assistant Administrator for Fisheries finds good cause, 
pursuant to 5 U.S.C. 553(b)(B), to waive advance notice and comment. 
The decision by the IATTC that is being implemented by this rule was 
made on July 28, 2017. NMFS has no discretion to change this decision. 
This decision is binding under international law, and failure to ensure 
domestic implementation would render the nation out of compliance with 
our international treaty obligations, as well as failing to adequately 
conserve and manage target stocks of tropical tuna. Therefore, 
providing advance notice and consideration of public comments before 
implementing this decision would be impracticable because the first 
closed period (described above) under the existing regulations ends on 
September 27, 2017, but under the newly adopted international treaty 
obligations, the United States must ensure that vessels subject to that 
first closed period are prevented from fishing beginning on September 
28 for an additional 10 days. The public interest dictates that the 
nation adheres to international legal obligations and continues to 
adequately conserve and manage tropical tunas in the Pacific. 
Therefore, it would be impracticable and contrary to the public 
interest to publish a proposed rule and provide advance notice and 
comment before implementing the revisions to IATTC Resolution C-17-01.
    The Assistant Administrator for Fisheries also finds good cause, 
pursuant to 5 U.S.C. 553(d)(3), to waive the 30-day delay in 
effectiveness of the rule. Since the binding IATTC resolution makes 
these measures effective immediately, and the extended closure dates 
begin on September 28, 2017, this rule must be enforceable at least by 
that date. As explained above, this date is set in a binding resolution 
and cannot be changed by NMFS. Failure to implement the resolution by 
this date would risk putting the United States out of compliance with 
our international Treaty obligations, as well as failing to adequately 
conserve and manage tropical tuna stocks in the Pacific.
    Ensuring conservation of tropical tuna stocks in the EPO, and 
remaining in

[[Page 45516]]

compliance with binding international obligations of the United States, 
by expedient domestic implementation of Resolution C-17-02 through 
issuing this final rule now rather than risking violation of our 
obligations or the health of tuna stocks is in the public's interest. 
Therefore, there is good cause to waive the otherwise applicable 
requirement for a 30-day delay in effectiveness.
    The Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b), requires an 
RFA analysis only for rules subject to notice and comment rulemaking 
under Section 553(b) of the Administrative Procedure Act or any other 
law. Because notice and comment are not required for this rule, as 
described above, no regulatory flexibility analysis is required and 
none has been prepared.

List of Subjects in 50 CFR Part 300

    Fish, Fisheries, Fishing, Fishing vessels, International 
organizations, Marine resources, Reporting and recordkeeping 
requirements, Treaties.

    Dated: September 26, 2017.
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

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.


Sec.  300.24  [Amended]

0
2. In Sec.  300.24, remove paragraph (ii).

0
3. In Sec.  300.25, remove and reserve paragraph (d) and revise 
paragraphs (e)(1), (e)(3), and (e)(6) to read as follows:


Sec.  300.25  Fisheries management.

* * * * *
    (e) * * *
    (1) Closure periods--(i) General rule. A commercial purse seine 
fishing vessel of the United States 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 during one of the following two 
closure periods:
    (A) From 0000 hours Coordinated Universal Time (UTC) July 29, 2017, 
to 2400 hours UTC October 8, 2017; or,
    (B) From 0000 hours UTC November 9, 2017, to 2400 hours UTC January 
19, 2018.
    (ii) Vessels with DMLs. Notwithstanding paragraph (e)(1)(i) of this 
section, a purse seine vessel for which a dolphin mortality limit has 
been assigned may fish during 10 days of the closure period the vessel 
selected, if the vessel makes no floating object sets during this 
period. The respective 10-day periods are:
    (A) From 0000 hours UTC September 29, 2017, to 2400 hours UTC 
October 8, 2017; and,
    (B) From 0000 hours UTC November 9, 2017, to 2400 hours UTC 
November 18, 2017.
* * * * *
    (3) If written notification is not submitted per paragraph (e)(2) 
of this section for a vessel subject to the requirements under 
paragraph (e)(1)(i) of this section, that vessel must adhere to the 
closure period under paragraph (e)(1)(i)(B) of this section.
* * * * *
    (6) 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 2017 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.
* * * * *
[FR Doc. 2017-20950 Filed 9-28-17; 8:45 am]
BILLING CODE 3510-22-P


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