[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Proposed Rules]
[Pages 32903-32906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13267]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 130722645-4453-01]
RIN 0648-BD53
International Fisheries; Pacific Tuna Fisheries; Fishing
Restrictions in the Eastern Pacific Ocean, Whale Shark Conservation
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes under the Tuna Conventions Act to implement a
resolution of the Inter-American Tropical Tuna Commission (IATTC)
intended to conserve whale sharks (Rhincodon typhus) in the Eastern
Pacific Ocean (EPO). This proposed rule, if adopted, would prohibit
setting a purse seine net on a whale shark, and would require certain
measures to protect whale sharks in the event that a whale shark is
encircled in a purse seine net. This proposed rulemaking is necessary
for the United States to satisfy its obligations as a member of the
IATTC.
DATES: Comments must be submitted in writing by June 30, 2014. A public
hearing will be held from 1 p.m. to 4 p.m. PST, June 11, 2014 in Long
Beach, CA.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2013-0118, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/
[[Page 32904]]
!docketDetail;D=NOAA-NMFS-2013-0118, click the ``Comment
Now!'' icon, complete the required fields, and enter or attach your
comments.
Mail: Attn: Chris Fanning, NMFS West Coast Region, 501 W.
Ocean Blvd., Suite 4200, Long Beach, CA 90802. Include the identifier
``NOAA-NMFS-2013-0118'' in the comments.
Public hearing: The public is welcome to attend a public
hearing and offer comments on this proposed rule from 1 p.m. to 4 p.m.
PST, June 11, 2014 at 501 W. Ocean Boulevard, Suite 4200, Long Beach,
CA 90802. The public may also participate in the public hearing via
conference line: 1-888-790-6181, passcode 14789.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may 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, 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). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only. Written comments
regarding the burden-hour estimates or other aspects of the collection-
of-information requirements contained in this proposed rule may be
submitted to Chris Fanning, NMFS West Coast Region (see ADDRESSES
above) and by email to [email protected]. Copies of the
draft Regulatory Impact Review (RIR) and other supporting documents are
available via the Federal e-Rulemaking Portal: http://www.regulations.gov, docket NOAA-NMFS-2013-0118 or contact with the
Regional Administrator, William W. Stelle, Jr., NMFS West Coast
Regional Office, 7600 Sand Point Way NE., Bldg 1, Seattle, WA 98115-
0070, or [email protected].
FOR FURTHER INFORMATION CONTACT: Chris Fanning, NMFS, 562-980-4198 or
Heidi Taylor NMFS, 562-980-4039.
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. The full text of the 1949 Convention is
available at: http://www.iattc.org/PDFFiles/IATTC_convention_1949.pdf. The IATTC facilitates scientific research into, as well as
conservation and management of, highly migratory species in the IATTC
Convention Area (defined as the waters of the EPO). Since 1998,
conservation resolutions adopted by the IATTC have further defined the
Convention Area as the area bounded by the coast of the Americas, the
50[deg] N. and 50[deg] S. parallels, and the 150[deg] W. meridian. The
IATTC has maintained a scientific research and fishery monitoring
program for many years, and regularly assesses the status of tuna and
billfish stocks in the EPO to determine appropriate catch limits and
other measures deemed necessary to prevent overexploitation of these
stocks and to promote sustainable fisheries. Current IATTC member
countries include: Belize, Canada, China, Chinese Taipei (Taiwan),
Colombia, Costa Rica, Ecuador, El Salvador, the European Union, France,
Guatemala, Japan, Kiribati, the Republic of Korea, Mexico, Nicaragua,
Panama, Peru, the United States, Vanuatu, and Venezuela. Bolivia,
Honduras, Indonesia and the Cook Islands are cooperating non-members.
International Obligations of the United States Under the Convention
As a Contracting Party to the 1949 Convention and a member of the
IATTC, the United States is legally bound to implement resolutions
adopted by the IATTC. The Tuna Conventions Act (16 U.S.C. 951-962)
directs the Secretary of Commerce, after approval by the Secretary of
State, to promulgate such regulations as may be necessary to implement
resolutions adopted by the IATTC. The Secretary's authority to
promulgate such regulations has been delegated to NMFS.
IATTC Conservation Decisions in 2013
At its 85th Meeting, in June 2013, the IATTC adopted by consensus
the Resolution on Collection and Analysis of Data on Fish-Aggregating
Devices (FADs) (Resolution C-13-04). (Active resolutions of the IATTC
are available at: http://www.iattc.org/ResolutionsActiveENG.htm.) Three
measures in Section 4 of Resolution C-13-04 address the potential
impacts of purse seine fishing operations on the sustainability of the
whale shark. The first provision directs countries to prohibit setting
any purse seine on a school of tuna associated with a live whale shark
if the animal is sighted prior to the commencement of the set. In the
event that a whale shark is encircled by a purse seine net, the second
and third provisions of Resolution C-13-04 direct countries to require
that purse seine vessel operators ensure all reasonable steps are taken
to ensure the safe release of the shark, and report the incident to the
relevant governmental authority, including the number of individual
whale sharks, details of how and why the encirclement happened, where
it occurred, steps taken to ensure safe release, and an assessment of
the life status of the whale shark on release (including whether the
animal was released alive, but subsequently died). As per section 4,
paragraph 16 of Resolution C-13-04, the whale shark provisions ``shall
enter into effect on July 1, 2014''. This effective date is necessary
for the United States to fully satisfy its obligations as a member of
the IATTC. The remaining provisions of Resolution C-13-04 pertaining to
Fish Aggregating Devices (FADs) data collection and identification will
be addressed in a later rulemaking.
Proposed Action
This proposed rule, if adopted, would implement Resolution C-13-04
which includes conservation measures for whale sharks. The regulations
would apply to owners and operators of U.S. purse seine vessels while
fishing commercially for tuna in the Convention Area. The Department of
State has approved implementation of Resolution C-13-04 by this
rulemaking.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Tuna Conventions Act and other applicable
laws, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to the Regulatory Flexibility Act (RFA), 5 U.S.C. 605(b),
the Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The rationale for the certification is as follows:
It is extremely unlikely that this rulemaking will result in a
significant change in fishing operations. According to observer data
report summaries from the previous 10 years supplied by the IATTC, U.S.
large (greater than 363 metric tons, or 400 short tons, in carrying
capacity) purse seine vessels
[[Page 32905]]
with 100 percent observer coverage in the EPO have had two interactions
with whale sharks: Once each in 2006 and 2009. In both instances, the
encirclement of the whale shark was incidental to a fish aggregating
device (FAD) directed set, and the whale shark was released and
presumed unharmed. No data exists for purse seine vessels smaller than
400 short tons carrying capacity having interactions with whale sharks.
Given the rare occurrence of observed U.S. purse seine vessel
incidental interactions with whale sharks in the EPO, and given whale
sharks are not a target species of the tuna purse seine fishery and
have no commercial value to tuna canneries, the proposed action is not
expected to affect or change current operating procedures or result in
a reduction in associated revenues.
On June 20, 2013, the U.S. Small Business Administration (SBA)
issued a final rule revising the small business size standards for
several industries effective July 22, 2013 (78 FR 37398). The rule
increased the size standard for finfish fishing from $4.0 million to
$19.0 million, shellfish fishing from $4.0 million to $5.0 million, and
other marine fishing from $4.0 million to $7.0 million. NMFS conducted
its analysis for this action using the new size standards.
Estimates of ex-vessel revenues in the U.S. purse seine fishery in
the IATTC Convention Area since 2005, which would be indicative of
current conditions, are confidential and may not be publicly disclosed
because of the small number of vessels in the fishery. Since 2004, only
two U.S. purse seine vessels in class sizes 1 to 6 have made landings
each year on average. Only two U.S. purse seine vessels landed fish in
this fishery from 2005 through 2008, thus the landings and revenue data
from these years are confidential and may not be released. Based on
historic and recent U.S. purse seine vessels listed on the IATTC Active
Purse Seine Vessel Register, there are four class size 6 vessels and no
class size 5 and 4 vessels likely to be affected by the rule in the
near future. Two vessels transited through the IATTC Convention Area in
2010 but did not fish. Only three and two class size 6 vessels fished
for tunas in IATTC Convention Area in 2011 and 2012, respectively. In
2013 there were 10 vessels registered to operate in the IATTC
Convention Area, including the smaller purse seine vessels that
typically fish for coastal pelagic species (e.g., sardines). The
average annual per vessel revenue in 2013 for the registered vessels
operating in the IATTC Convention Area has been below $19 million;
therefore, all of these vessels are considered small businesses under
the RFA. Because each affected vessel is a small business, this
proposed rule has an equal effect on all of these small entities, and
therefore will impact a substantial number of these small entities in
the same manner. Based on the analysis above, the proposed action, if
adopted, will not have adverse or disproportional economic impact on
these small business entities. Because the proposed action would not
have a significant impact on a substantial number of small entities, an
Initial Regulatory Flexibility Analysis is not required and none has
been prepared. NMFS solicits public comment on the analyses in light of
the new size standards.
This proposed rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA), which has been approved
by the Office of Management and Budget (OMB) under control number 0648-
0387. Public reporting burden for whale shark interaction reporting is
estimated to average ten minutes per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by
email to [email protected], or fax to (202) 395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a 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.
List of Subjects in 50 CFR Part 300
Administrative practice and procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and record keeping requirements, Treaties.
Dated: June 3, 2014.
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 proposed to be amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart C--Eastern Pacific Tuna Fisheries
0
1. The authority citation for 50 CFR part 300, subpart C, continues to
read as follows:
Authority: 16 U.S.C. 951-961 et seq.
0
2. In Sec. 300.22, paragraph (a) is redesignated as paragraph (a)(1),
and paragraph (a) heading and paragraph (a)(2) are added as follows:
Sec. 300.22 Eastern Pacific fisheries recordkeeping and written
reports.
(a) Logbooks.
* * *
(2) Whale shark encirclement reporting. The owner and operator of a
purse seine fishing vessel of the United States that encircles a whale
shark (Rhincodon typus) while fishing commercially in the Convention
Area must ensure that the incident is recorded in the comment section
of the Log that is required by this paragraph (a). The Log must
describe, among other things: The number of individual whale sharks
with which the vessel interacted, details of how and why the
encirclement happened, where it occurred, steps taken to ensure safe
release, and an assessment of the life status of the whale shark upon
release (including whether the animal was released alive, but
subsequently died).
* * * * *
0
3. In Sec. 300.24, paragraphs (v), (w), and (x) are added to read as
follows:
Sec. 300.24 Prohibitions.
* * * * *
(v) Fail to maintain, submit, or ensure submission of a Log that
includes all the information required in Sec. 300.22(a).
(w) Set or attempt to set a purse seine on or around a whale shark
(Rhincodon typus) in contravention of Sec. 300.25(e)(5).
(x) Fail to release a whale shark encircled in a purse seine net of
a fishing vessel as required in Sec. 300.25(e)(6)
0
4. In Sec. 300.25, paragraphs (e)(5) and (e)(6) are added to read as
follows:
Sec. 300.25 Eastern Pacific fisheries management.
* * * * *
(e) * * *
(5) Owners, operators, and crew of fishing vessels of the United
States fishing commercially for tuna in the Convention Area may not set
or attempt to set a purse seine on or around a whale shark (Rhincodon
typus) if the animal is sighted prior to the commencement of the set or
the attempted set.
[[Page 32906]]
(6) The crew, operator, and owner of a fishing vessel of the United
States fishing commercially for tuna in the Convention Area must
release as soon as possible, any whale shark that is encircled in a
purse seine net, and must ensure that all reasonable steps are taken to
ensure its safe release.
* * * * *
[FR Doc. 2014-13267 Filed 6-6-14; 8:45 am]
BILLING CODE 3510-22-P