[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Proposed Rules]
[Pages 42464-42465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17571]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-XE001


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Fishing Effort Limits in Purse Seine 
Fisheries for 2015

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

ACTION: Notice of receipt of petition for rulemaking; request for 
comments.

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SUMMARY: NMFS announces the receipt of, and requests public comment on, 
a petition for rulemaking from Tri Marine Management Company, LLC 
(``Tri Marine''). The petitioner requests that NOAA undertake an 
emergency rulemaking to implement the 2015 limit on fishing effort by 
U.S. purse seine vessels on the high seas and in the U.S. exclusive 
economic zone 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), and to issue a rule 
exempting from the limit any U.S. purse seine vessel that, pursuant to 
contract or declaration of intent, delivers or will deliver at least 
half its catch to tuna processing facilities in American Samoa.

DATES: Comments on the petition must be submitted in writing by August 
17, 2015.

ADDRESSES: You may submit comments on the petition, identified by NOAA-
NMFS-2015-0088, by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0088,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
--OR--
     Mail: Submit written comments to Michael D. Tosatto, 
Regional Administrator, NMFS, Pacific Islands Regional Office (PIRO), 
1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
    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).
    Copies of the petition are available at www.regulations.gov or may 
be obtained from Michael D. Tosatto, Regional Administrator, NMFS PIRO 
(see address above).

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS PIRO, 808-725-5032.

SUPPLEMENTARY INFORMATION:

Background on Purse Seine Fishing Effort Limits in the Convention Area

    Since 2009, NMFS regulations have established limits on fishing 
effort by U.S. purse seine fishing vessels in the area of application 
of the Convention (Convention Area), including in the area known as the 
Effort Limit Area for Purse Seine, or ELAPS, which is comprised of all 
areas of high seas and the U.S. exclusive economic zone (EEZ) between 
the latitudes of 20[deg] N. and 20[deg] S. in the Convention Area. 
These regulations are promulgated under authority of the Western and 
Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 
et seq.), and have been codified at 50 CFR 300.223(a).
    NMFS has established the purse seine fishing effort limits in the 
ELAPS to satisfy the obligations of the United States under the 
Convention, to which it is a party. Among those obligations is the need 
to implement the decisions of the Commission for the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean (Commission), which was established by the Convention. 
NMFS has established the purse seine fishing effort limits in the ELAPS 
to implement a series of Commission decisions for tropical tuna stocks 
in the Convention Area.
    Recently, NMFS established a purse seine fishing effort limit in 
the ELAPS for 2015 in an interim rule published May 21, 2015 (80 FR 
29220). The limit is 1,828 fishing days.
    On June 8, 2015, NMFS issued a notice announcing that the purse 
seine fishery in the ELAPS would close as a result of reaching the 
limit of 1,828 fishing days (80 FR 32313). The closure took effect June 
15, 2015, and will

[[Page 42465]]

remain in effect through December 31, 2015. The closure applies to all 
U.S. purse seine fishing vessels.

Petition for Rulemaking

    Under the Administrative Procedure Act, interested persons may 
petition Federal agencies for the issuance, amendment, or repeal of a 
rule.
    In a petition to NMFS dated May 12, 2015, Tri Marine requested that 
NMFS take two actions. First, Tri Marine requested that ``NOAA 
undertake an emergency rulemaking with respect to the 2015 ELAPS limits 
for fishing days on the high seas.'' Second, Tri Marine requested that 
``NOAA issue a rule exempting from that high seas limit any US flag 
purse seine vessel which, pursuant to contract or declaration of 
intent, delivers or will deliver at least 50 percent of its catch to 
tuna processing facilities based in American Samoa.''
    At the time of Tri Marine's initial request, NMFS was preparing to 
issue an interim rule establishing a limit on purse seine fishing 
effort in the ELAPS for 2015. As described above, NMFS established a 
limit in the ELAPS for 2015 in an interim rule published May 21, 2015. 
Accordingly, the first part of Tri Marine's request has been addressed. 
In the interim rule, NMFS acknowledged that it had received Tri 
Marine's petition for rulemaking, and stated that it will consider and 
respond to the petition separately from the interim rule.
    With regard to the second part of Tri Marine's request, the 
petition explains that as a result of decisions by the Republic of 
Kiribati, U.S. purse seine vessels' access to their traditional fishing 
grounds in 2015 has been dramatically reduced, and that the high seas 
portion of the ELAPS can be expected to be closed to fishing as early 
as June. The petition further states that because of the limited 
fishing grounds now available to the American Samoa-based purse seine 
fleet and other factors, including an unusually low tuna price and the 
higher cost of access to fishing grounds in the region, the ability of 
American Samoa-based tuna vessels to operate profitably is in serious 
question, and the loss of a reliable supply of tuna from these vessels 
will jeopardize the ability of the canneries in American Samoa to 
compete in world markets. The petition states that under the 
Convention, American Samoa is afforded special treatment as a small 
island developing state or participating territory for purposes of 
applying conservation and management measures of the Commission, and 
therefore NMFS should develop rules that exempt from the ELAPS limit 
those vessels that deliver to the canneries in American Samoa.
    The petition includes further information on the basis of the 
request, including information related to the recommendations of the 
Governor of American Samoa's Fisheries Task Force, and an ``issue 
brief'' with statements about the nature of the issue and how the 
requested rule(s) would address it.
    In a second letter to NMFS dated May 26, 2015, which supplements 
the May 12, 2015, petition, Tri Marine acknowledged the interim rule 
published May 21, 2015, and amended its request. Tri Marine requested 
that ``NOAA undertake an emergency rulemaking with respect to the 2015 
ELAPS limits for fishing days (both) on the high seas and in the US 
EEZ,'' and further requested that ``NOAA issue a rule exempting from 
the ELAPS limits any US flag purse seine vessel which, pursuant to 
contract or declaration of intent, delivers or will deliver at least 50 
percent of its catch to tuna processing facilities based in American 
Samoa.''
    See the ADDRESSES section for instructions on how to obtain copies 
of the petition.

Request for Comments

    NMFS has determined that the petition contains enough information 
to enable NMFS to consider its substance. NMFS is issuing this notice 
to solicit comments on the petitioner's request. NMFS is particularly 
interested in comments on the nature and severity of the problem 
identified by the petitioner, whether any exigencies exist, and whether 
the petitioner's requests would solve the alleged problem in an 
efficient and fair manner.

Next Steps

    NMFS will consider public comments in deciding whether to proceed 
with the rulemaking(s) requested by Tri Marine. Once NMFS decides 
whether or not to proceed, or to proceed in part, it will publish a 
notice of its decision in the Federal Register.

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

    Dated: July 13, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-17571 Filed 7-16-15; 8:45 am]
 BILLING CODE 3510-22-P